
ILLINOIS 
DEPARTMENT OF 

Mines and Minerals 

General 
Information 
and Laws 

Effective July 1, 1921 

- 


ROBERT M. MEDILL 

Director 

SPRINGFIELD 

[Printed by authority of the State of Illinois.] 











4 


.ILLINOIS 
DEPARTMENT OF 


Mines and Minerals 

General 
Information 
and Laws 

Effective July 1, 1921 



^ > 


ROBERT m! MEDILL 

Director 

SPRINGFIELD 

[Printed by authority of the State of Illinois.] 






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PcHNEPP & Barnes, Printers 
Springfield, III. 

1921 

52473—lOM 


LIBRARY OF CONGRESS 

receivfo 

AUG301921 . 

DOCUMENTS BlVl^ltitN 

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CONTENTS. 


Page. 


1. Department of Mines and Minerals— 

Organization, power and duties. 5 

2. General Mining Law. 16 

3. Right of Eminent Domain.. ^ _ 73 

4. Wages, Lien on Property. 76 

5. Miners paid for all Coal Mined. 77 

6. Shot-firers in Coal Mines. 78 

7. Fire Fighting Equipment. 81 

8. Rescue Stations . 90 

9. Miners’ Examining Board. 94 

10. Oil and Gas Wells. 99 

11. Coal and other Mineral Leases. 102 

12. Oil or Gas Leases. 103 

13. Regulating Character-^crf'Tlxp?O!SlveB'rr:.*'r.*‘.-104 

14. Regulating Character of‘Black Pow(fer!_ i07 

15. Wash Rooms for Employees. 110 

16. Regulating the use of Electricity.. 112 

17. Capital Stock Owpership.. v 113 

18. Mining Engineering . . ..... .,-..113 

19. Trespassing. 116 

20. Information. 115 

: 21. Mining Investigation..'. 116 


* 22. Rules and Regulations Governing Examina- 
> tions...• 120 
























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DEPARTMENT OF MINES AND MINERALS. 


I. ORGANIZATION AND MANAGEMENT. 

1. Executive Oncers. 

The Department of Mines and Minerals is com¬ 
posed of the following executive officers: A Director, 
an Assistant Director, a Mining Board consisting of 
four mine officers and the Director of the Department, 
and a Miner’s Examining Board of four persons desig¬ 
nated as miners’ examining officers. (Secs. 4 and 5, 
Code.) 

2. Seal. 

Departments are required to adopt and authenti¬ 
cate their acts by an official seal. (Sec. 19, Code.) 

3. Central and Branch Offices. 

Each department is required to maintain a cen¬ 
tral office at the Capitol. Branch offices for the con¬ 
duct of a particular function of the department may 
be established and maintained at other places by the 
director with the approval of the Governor. (Sec. 
17, Code.) 

Jf. Employees, Civil Service. 

From those who are in the classified civil service 
of the State on July 1, 1917, in the office, board, com¬ 
mission or institution coming under the supervision 
and control of the department, each employee is to 
be assigned to a position in the department, having 
so far as possible duties equal to his former office or 
employment, provided no more are employed than are 
necessary to the proper performance of the functions 
of the department. (Sec. 24, Code.) 

Departments have power, subject to civil service 
laws, to employ all other necessary employees and fix 
their compensation, when their compensation has not 
been theretofore determined by law. (Sec. 20, Code.) 



6 


5. Rules and Regulations. 

It is the duty of the Director to prescribe rules 
and regulations for the government of his depart¬ 
ment, the conduct of its employees, the distribution 
and performance of its business and the custody, use 
and preservation of the property, records aand docu¬ 
ments. (Sec. 16, Code.) 

6. Cooperation, Coordination and Epciency. 

The Director is to devise a practical system of 
cooperation and coordination of the work of the de¬ 
partment to eliminate all duplication and overlapping 
of functions, and to economize, whenever practicable, 
in the use of quarters and equipment. With the con¬ 
sent of the superior officer of the employee, the 
Director may require an employee of another depart¬ 
ment to perform any duty that is required of his own 
employees. (Sec. 26, Code.) 

7. Moneys, Disposition. 

All State funds or moneys received by a depart¬ 
ment must be turned over to the State treasury with¬ 
in ten days of receipt, without any deduction what¬ 
soever. (Sec. 27, Code.) 

8. Expenditures. 

Departments are forbidden to make expenditures 
except in consequence of an appropriation duly made 
and upon the warrant of the Auditor of Public Ac¬ 
counts. (Sec. 27, Code.) 

9. Reports. 

In addition to the semi-annual and biennial re¬ 
ports provided for by the constitution, the Director is 
required to make on or before December, annually to 
the Governor, and whenever otherwise requested, 
written report concerning the condition, management 
and financial transactions of the department. (See. 
25, Code.) 


7 


II. POWERS AND DUTIES. 

10. Generally. 

This department is by the Civil Administrative 
Code given power to— 

Acquire and diffuse information concerning 
the nature, causes and prevention of mine 
accidents, and the improvement of methods, con¬ 
ditions and equipment of mines with special ref¬ 
erence to health, safety and the conservation of 
mineral resources; 

Inquire into the economic condition affecting 
mining, quarrying, metallurgical, clay, oil and 
other mineral industries; 

Promote the technical efficiency of all per¬ 
sons working in and about the mines of the State 
and assist them in better to overcome the in¬ 
creasing difficulties of mining, and for that pur¬ 
pose to provide bulletins, traveling libraries, lec¬ 
turers, correspondence work, classes for syste¬ 
matic instruction, or meetings for reading and 
discussion of papers and to that end to cooperate 
with the University of Illinois; 

And generally to discharge the rights, pow¬ 
ers and duties of the former State Mining Board, 
State Mine Inspectors, and Mine Fire Fighting 
and Rescue Station Commission. (Sec. 45, Code.) 

11. Mining Board. 

The duties of the re-created Mining Board are 
specifically enumerated by the Code as follows: 

Hold meetings; 

Conduct examinations for and pass upon the 
practical and technological qualifications of the 
personal fitness of inspectors of mines, mine man¬ 
agers, mine examiners and hoisting engineers; 

Conduct examinations for inspectors of 
mines the second Tuesday in September annually 
and at such times as may be necessary, and for 


8 


mine managers, mine examiners and hoisting 
engineers at such times and places as will afford 
the best facilities to the greatest number ot 
candidates; 

Announce by public notice of the time and 
place of all examinations; 

Prescribe uniform rules, conditions and regu¬ 
lations for all authorized examinations; 

Report in writing to the Director the names 
.of the successful applicants at the examinations 
* for the positions; 

Preserve for a year the written examination 
papers and other documents pertaining thereto, 
and allow inspection thereof by applicants, and 
furnish certified copies to them; 

Remove for statutory reasons _ inspector of 
mines or cancel certificate of mine manager, 
mine examiner or hoisting engineer; 

Supervise, control and direct the State mine 
inspection service. (Sec. 46, Code.) 

The Director is constituted the executive officer 
of the Mining Board and is charged with the duty to 
execute its orders, rules and regulations and to issue 
certificates of qualification to persons certified. (Sec. 
47, Code.) 

Under the Fire Fighting Equipment Act, the 
Department of Mines and Minerals is required to 

Approve chemical fire extinguishers and 
hand-pump buckets required to be provided for 
all mines, underground stables, entries or pas¬ 
sageways. (Sec. 2j, m.) 

By virtue of the Mining Law, the former State 
Mining Board, in addition to the foregoing duties, 
was required to— 

Enforce the provisions of the State Mining 
law (Sec. lb); 

Employ such persons as may be necessary 
for the proper discharge of its powers and dut¬ 
ies; 


9 


Prescribe standing or other rules for the con¬ 
trol and direction of its officers, State mine in¬ 
spectors and employees; 

Grant upon proper application and evidence 
permit to operate a second motion engine (Sec. 
2f); 

Preserve the record of names and addresses 
of persons certified (Sec. 3b); 

Issue citation and investigate charges against 
State mine inspectors • and remove them if 
charges are true (Sec. 3h); 

Divide the State into twelve inspection dis¬ 
tricts and change the boundaries whenever neces¬ 
sary without changing the number of the dis¬ 
tricts (Sec. 4); 

Furnish the State mine inspectors an ane¬ 
mometer, safety lamp and such other instru¬ 
ments, printing matter and supplies as are neces¬ 
sary to a discharge of the duties of inspector 
(Sec. 5d); 

Require State mine inspectors to make at 
least one personal examination of each mine 
within the district every six months (Sec. 5e); 

Order additional survey of mine to the regu¬ 
lar annual survey; 

Order a correct survey and may when the 
one made is materially inaccurate or when the 
operator refuses to make survey or map (Sec. 
7j, k); 

Prescribe specifications for all illuminating 
oils or other illuminants used in coal mines 
(Sec. 18); 

Furnish certified copies of papers and docu¬ 
ments to persons interested upon payment or 
tender of such fees as are paid to Circuit Court 
clerks in counties of second class for similar 
services (Sec. 25c); 

Collect, summarize and compile in an an¬ 
nual coal mining report statistical details relat- 


10 


ing to coal mining in the State, especially in 
relation to vital, sanitary, commercial and in¬ 
dustrial conditions and to the permanent pros¬ 
perity of the industry (Sec. lb); 

Under the Fire Fighting Equipment Act, the 
former State Mining Board was required to— 

Cancel and revoke certificates of competency 
of mine managers who violated said Act and 
have been convicted of such violation (Sec. 7b); 
The Oil and Gas Wells Act and the Powder Act 
required the State Mining Board to— 

Keep on file statements and maps, giving the 
location and depth of wells drilled for gas or oil 
required to be filed with the Mining Board by 
section 2 of the Oil and Gas Wells Act; 

Test samples of black powder for specific 
gravity and for moisture content received from 
State Mining Inspectors under section 4 of the 
Powder Act. 

12. State Mine Inspectors. 

State Mine Inspectors, under the Mining law of 
1911, were required to— 

Approve or pass upon the placing of a tem¬ 
porary mine manager or of a mine examiner for 
a period not exceeding twenty-three days (Sec. 
s) > 

Request of the board of supervisors or county 
commissioners for the appointment of a county 
mine inspector, and petition the county court for 
the appointment of such an inspector and an 
appropriation if the request be not complied with 
(Sec. 5b); 

Authorize, in writing, county mine inspec¬ 
tors to exercise all of the powers and duties of 
the State Mine Inspector (Sec. 5b); 

Make personal examinations of each mine in 
the district at least once in every six months, or 
oftener if necessary (Sec. 5e); 


11 


Measure and determine the amount of air 
passing in the last cross-cut in each pair of 
entries in pillar and room mines in the last 
room of each division in long wall mines and at 
the inlet and outlet of mines; 

Compare all air measurements with last 
mine examiner’s and mine manager’s report upon 
the mine examination book; 

Observe that the legal code of signals be¬ 
tween the engineer and top and bottom man is 
established and conspicuously posted (Sec. 5f); 

Require the taking of every necessary pre¬ 
caution for the health and safety of workmen in 
the mines; 

Demand observance of provisions and re¬ 
quirements of Mining law (Sec. 5f); 

Take prompt action for the enforcement of 
penalties for violations, etc. (Sec. 5f); 

Obtain an order from the circuit court to 
grant permission to enter mine in case of opera¬ 
tor’s refusal to permit inspection (Sec. 5h); 

Post at the landing of mines in a conspicu¬ 
ous place a notice stating the number of men 
permitted to ride on the cage and at what rate 
of speed, stating what is necessary for the bet¬ 
ter protection of the miners, and giving the date 
of inspection under his signature (Sec. 5i); 

Report in writing to the State Mining Board 
all mine inspections (Sec. 5f): 

Test all scales used for the weighing of 
coal, call attention to imperfections, direct over¬ 
hauling if necessary, and forbid operation dur¬ 
ing adjustment (Sec. 5j); 

Furnish blanks to operators for statistics of 
wages and conditions of employees (Sec. 5n); 

Order additional survey of mine to the regu¬ 
lar annual survey; 

Order a correct survey and map when the 
one made is materially incorrect or when the 


12 


operator refuses to make survey or map (Sec. 
7j, k); 

Order suitable protection against dangers at 
escapement shafts (Sec. 9d); 

Pass upon the size of refuge places (Sec. 
lOj); 

Pass in writing upon the number of safety 
lamps required at each mine (Sec. 13a); 

» Order, in writing, the proper quantity of air 

supply for each mine (Sec. 14a, b, 1); 

Approve place of doors, curtains or brattices 
(Sec. 14c); 

Pass upon the location of cross-cuts be¬ 
tween entries (Sec. 14d); 

.Pass upon the location of blind pillars (Sec. 
14e); 

Pass upon the necessity of using safety lamps 
(Sec. 14h); 

Require in writing the placing of an attend¬ 
ant at doors through which less than three driv¬ 
ers are hauling coal (Sec. 14k); 

Sample oils used for illuminating purposes 
and send to State Mining Board a sample of oils 
suspected of being inferior to specifications 
(Sec. 18d); 

Order in writing additional mine examiner 
when necessary (Sec. 21a); 

Require mine to be examined for gas at 
shorter intervals than eight hours preceding com¬ 
mencement of work by day shift (Sec. 21b); 

Investigate, assist promptly, attend and take 
part at inquest in case of personal injuries or loss 
of life through mine accidents (Sec. 25a, b, c); 

Furnish proper blanks to mine operators 
upon which to report deaths and personal in¬ 
juries (Sec. 25a); 

Stop operation of mine and remove offending 
person whenever mine is operated in disregard 
of law (Sec. 29b); 


13 


Annually within sixty days of June 30, re¬ 
port to the Mining Board all acts performed and 
duties discharged within preceding year, and 
recommend appropriate legislation (Sec. 51). 

By the Miners’ Wages Act, the State Mine In¬ 
spector was required to— 

Ascertain whether said Act is violated with 
reference to the manner in which wages are 
paid; 

Institute suit promptly in case of violation 
(Sec. 2). 

Under the Fire Fighting Equipment Act, the 
State Mine Inspector was required to— 

File a sworn complaint against any person 
who violated said Act (Sec. 7e, d). 

By the Explosive and Blasting Act, the State 
Mine Inspector was required to— 

Sample explosives used for blasting pur¬ 
poses (Sec. 2); 

Send samples to the United States Bureau 
of Mines to test for content (Sec. 3) ; 

Approve plans for the construction of maga¬ 
zines for storing of explosives (Sec. 6); 

Under the Powder Act, the State Mine Inspector 
was required to— 

Sample black blasting powder used for blast¬ 
ing purposes; 

Send samples to the State Mining Board to 
be tested (Sec. 4); 

The Washrooms’ Act requires the State Mine 
Inspector to— ' 

Inspect washrooms and report in writing to 
the owner or operator its physical and sanitary 
condition, recommending such changes as may 
be necessary (Sec. 3). 

By the information Act, the State Mine Inspec¬ 
tor, under the direction of the State Geologist and at 
such times and in such manner as not to interfere 


14 


with his primary duties as inspector of mines, is re¬ 
quired to— 

Procure a true record of the various strata 
through which coal shafts are sunk, or borings 
of coal, oil, gas or artesian water are made; 

Determine the altitude of the top of said 
(shafts or bore holes, above some specified point 
on the nearest railroad, or other readily ascer¬ 
tained elevation; 

Determine the dip of the coal stratum in all 
mines; 

Report results of observations from time to 
time to the State Geologist (Sec. 1). 

13. Miners' Examining Board.* 

The powers and duties of the Miners’ Examining 
Board are to— 

Hold monthly examinations in at least 
twelve convenient places in the State for persons 
desiring to engage in coal mining; 

Give not less than seven days’ public notice 
of such examinations, designating the time and 
place (Sec. 6); 

Collect a fee of $2.00 for miner’s certificates 
and pay same over to the State Treasurer on the 
10th of each month following (Sec. 7); 

Examine under oath applicants as to their 
previous experience as miners (Secs. 8 and 12); 


*The Miners’ Examining- Board created by the Code is 
to administer in its name, without any direction, super¬ 
vision or control by the Director, or by the Mining- 
Board, the act entitled “An Act to provide for the 
safety of persons employed in and about coal mines, 
and to provide for the examination of persons seeking 
employment therein, in order that only competent per¬ 
sons may be employed as miners, and to create a Board 
of Examiners for this purpose and to provide a penalty 
for the violation of the same, and to repeal” a certain 
act therein named, approved June 27, 1913, and all 
amendments thereto. (Sec. 48, Code.) 



15 


Issue certificates of competency signed by at 
least two members of the board and sealed with 
its seal, only when an applicant has had two or 
more years practical experience as a miner and 
has answered intelligently and accurately at 
least twelve practical questions concerning the 
requirements and qualifications of a practical 
miner; 

Keep an accurate and detailed account and 
public record of the board’s proceedings (Sec. 
8 ); 

Report violation of Act to State’s attorney 
of the proper county (Sec. 11); 

Annually on the first of March report to the 
Governor regarding the work done for the year 
preceding and recommend improved methods for 
holding examinations (Sec. 9). 

IJf. Mine Fire Fighting and Rescue Station 
Commission. 

The Mine Fire Fighting and Rescue Station Com¬ 
mission, under the Rescue Station Act, was required 


Provide by purchase or acquire through gift 
suitable sites for rescue stations to serve the 
northern, the central, and the southern coal fields 
of the State, and to equip the same (Secs. 1 
and 3); 

Cooperate with operators, miners and Fed¬ 
eral organizations in mine rescue work (Sec. 3); 

Supervise the work at each of the three sta¬ 
tions; 

Purchase all the necessary supplies; 

Provide for an attendant to be on duty at 
each station night and day; 

Keep an account and record of rescue work 
and expenditure (Sec. 7); 

Biennually report to the Governor concern¬ 
ing mine rescue service performed and money 
expended (Sec. 8). 


I 



16 


LAWS. 


MINING LAW. 

An Act to revise the laws in relation to the coal 
mines anr subjects relating thereto, and provid¬ 
ing for the health and safety of persons employed 
therein. Approved June 6, 1911, in force July 1, 
1911. As amended by an Act, approved June 
SO, 1921, in force July 1, 1921. 

State Mining Board, Appointment, Salary. Powers 
and Duties, Meetings, Examinations, Rules and 
Regulations. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: (a) That the Governor, with the advice and 
consent of the Senate, shall appoint a State Mining 
Board, as provided for in the Civil Administrative 
Code of Illinois. 

Powers and duties of board.] (h) Said hoard 
shall be authorized, empowered and required to 
make formal inquiry into and pass upon the practi¬ 
cal and technological qualifications and personal fit¬ 
ness of men seeking appointment as State inspec¬ 
tors of mines, and economic investigator and of 
those seeking certificates of competency as mine 
managers, as hoisting engineers and as mine exami¬ 
ners. Said board shall have such other pow¬ 
ers and duties as may be prescribed by the provi¬ 
sions of this Act, or any other Act relating to coal 
mining. Said board also shall control and direct the 
State mine inspectors hereinafter provided for, in 
the discharge of their duties, and shall have the 
power and shall in person and through the State 
mine inspectors, see that all the provisions of the 
State mining law are enforced. Said board also shall 



17 


cause to be collected statistical details relating to 
coal mining in the State, especially in its relation 
to the vital, sanitary, commercial and industrial 
conditions, and to the permanent prosperity of said 
industry; and said board shall cause such statisti¬ 
cal details to be compiled and summarized as a re¬ 
port of said State Mining Board, to be known as 
the annual coal report. 

Date and term of appointment.] (c) Their 
appointment shall date from July 1, 1911, and they 
shall serve for a term of two years, or until their 
successors are appointed and qualified. They shall 
also be sworn to a faithful performance of their 
duties. One of the coal operators member of said 
board shall be elected as president and one of the 
coal miners member of said board shall be elected 
as secretary. The board may appoint a chief clerk 
and may employ such other persons as may be 
necessary for the proper discharge of its powers and 
duties; all of whom shall perform such duties as 
may be prescribed by the board from time to time, 
and the board may from time to time also pre¬ 
scribe standing and other rules for the control and 
direction of its officers and employees and of the 
State mine inspectors. 

Supplies furnished by secretary of state.] 
(d) The Secretary of State shall assign to the use of 
the board suitably furnished rooms in the State 
House, and shall also furnish whatever blanks, blank 
books, printing, stationery, instruments and supplies 
the board may require in the discharge of its duties, 
and for the use of State mine inspectors. 

Frequency of meetings.] (e) The board shall 
hold such meetings from time to time as may be 
necessary for the proper discharge of its duties. The 
board shall meet at the Capital on the second Tues¬ 
day in September of the year 1911, and annually 
thereafter, for the examination of candidates for ap¬ 
pointment as State inspectors of mines. Special 


18 


examinations also may be held whenever for any 
reason it may become necessary to appoint one or 
more inspectors. 

For the examination of persons seeking certifi¬ 
cates of competency as mine managers, hoisting en¬ 
gineers, steam or electrical, and mine examiners, the 
board shall hold meetings at such times and places 
within the State as shall, in the judgment of the 
members, afford the best facilities to the greatest 
number of candidates. 

Public notice shall be given through the press 
or otherwise, not less than ten days in advance, an¬ 
nouncing the time and place at which any examina¬ 
tions under this section are to be held. 

Rules of procedure.] (f) The examination 
herein provided for shall be conducted under rules, 
conditions and regulations prescribed by the board. 
Such rules shall be made a part of the permanent 
record of the board, and such of them as relate to 
candidates shall be, upon application of any candi¬ 
date, furnished to him by the board; they shall also 
be of uniform application to all candidates. 

Compensation of members.] (g) The mem¬ 
bers of ' the State Mining Board shall receive 
as compensation for their services the sum 
of ten dollars ($10) each per day for a term not 
exceeding one hundred (100) days in any one year, 
and whatever sums are necessary to reimburse them 
for such actual and necessary traveling expenses 
as may be incurred in the discharge of their duties. 

All salaries and expenses of the board and of 
its employees shall be paid upon vouchers duly 
sworn to by each and approved by the president of 
the board, or in his absence by the acting president, 
and by the Governor, and the Auditor of Public Ac¬ 
counts is hereby authorized to draw his warrants 
on the State treasury for the amounts thus shown 
to be due, payable out of any money in the treasury 
not otherwise appropriated. 


19 


Registeation.] § 2. (a) An applicant for any 
certificate herein provided for, before being exam¬ 
ined, shall register his name with the State Mining 
Board and file with the board the credentials re¬ 
quired by this Act, to-wit: An affidavit as to all 
matters of fact establishing his right to receive the 
examination, and a certificate of good character and 
temperate habits, signed by at least ten residents 
of the community in which he resides. 

Examination for inspectors.] (b) Each appli¬ 
cant for a certificate of competency as State Inspec¬ 
tor of Mines and economic investigator shall pro¬ 
duce evidence satisfactory to the board that he is 
a citizen of this State, at least thirty years of age, 
that he has had a practical mining experience of 
ten years, of which at least two years shall have 
been in the State of Illinois, and that he is a man 
of good repute and temperate habits; he shall pass 
an examination as to his practical and technolog¬ 
ical knowledge of mine surveying and mining ma¬ 
chinery and appliances, of the proper development 
and operation of coal mines, of ventilation in mines, 
of the nature and properties of mine gases, of first 
aid to injured, of mine rescue methods and appli¬ 
ances, of the geology of coal measures in this State, 
and of the laws of this State relating to coal mines. 

Names certified to the governor.] (c) At the 
close of each examination for inspectors the board 
shall certify to the Governor the names of all candi¬ 
dates who have received a rating above the mini¬ 
mum fixed by the rules of the board as being per¬ 
sons properly qualified for the position of inspector. 

Examination for mine manager.] (d) Each 
applicant for a certificate of competency as mine 
manager shall produce evidence satisfactory to the 
board that he is a citizen of the United States, at 
least twenty-four years of age, that he has had at 
least four years’ practical mining experience, and 
that he is a man of good repute and temperate habits; 




20 


he shall also pass such examination as to his experi¬ 
ence in mines and in the management of men, his 
knowledge of mine machinery and appliances, the 
use of surveying and other instruments used in min¬ 
ing, the properties of mine gases, the principles of 
ventilation, of first aid to injured, of mine rescue 
methods and appliances, and the legal duties and re¬ 
sponsibilities of mine managers, as shall be pre¬ 
scribed by the rules of the board. 

For mine managers, second class.] (e) Each 
applicant for certificate of competency as mine man¬ 
ager, second class, shall produce evidence satisfac¬ 
tory to the board that he is a citizen of the United 
States, at least twenty-four years of age, that he 
has had at least four years’ practical mining ex¬ 
perience, and that he is a man of good repute and 
temperate habits. He shall also submit to and sat¬ 
isfactorily pass such an examination as to his ex¬ 
perience in mines and in the management of men, 
his knowledge of coal mining, mine ventilation and 
the mining laws of this State and the required duties 
and responsibilities of second-class mine managers, 
as shall be prescribed by the rules of the board, and 
it shall be unlawful to employ second-class mine man¬ 
agers, or for them to serve in that capacity at mines 
employing more than ten men. 

Examinations for mine examiners.] (f) Each 
applicant for a certificate of competency as mine 
examiners shall produce evidence satisfactory to the 
board that he is a citizen of the United States, at 
least twenty-one years of age and of good repute and 
temperate habits and that he has had at least four 
years’ practical mining experience. He shall pass an 
examination as to his experience in mines generat¬ 
ing dangerous gases, his practical and technological 
knowledge of the nature and properties of fire-damp, 
the laws of ventilation, the structure and use of 
safety lamps, and the laws of this State relating to 
safeguards against fires from any source in mines. 


21 


He shall also possess a knowledge of first aid to in* 
jured and of mine rescue methods. 

Examination for hoisting engineers.] (g) 
Each applicant for a certificate of competency as 
hoisting engineer shall produce evidence satisfactory 
to the board that he is a citizen of the United States, 
at least twenty-one years of age, that he has had at 
least two years’ experience as fireman or engineer of 
hoisting plant, and is of good repute and temperate 
habits. He shall pass an examination as to his ex¬ 
perience in handling hoisting machinery, and as to 
his practical and technological knowledge of the con¬ 
struction, cleaning and care of steam boilers, the 
care and adjustment of hoisting engines, the man¬ 
agement and deficiency of pumps, ropes and wind¬ 
ing apparatus, and as to his knowledge of the laws 
of this State in relation to signals and the hoisting 
and lowering of men at mines. 

The State Mining Board shall have power to 
grant a permit to operate a second motion engine at 
any mine employing not more than ten men, to any 
person recommended to the board by the State Mine 
Inspector of the district: Provided, that the appli¬ 
cant for such permit shall have filed with the State 
Mining Board satisfactory evidence that he is a cit¬ 
izen of the United States, that he has had at least 
one year’s experience in operating a steam engine 
and steam boiler and understands the handling and 
care of the same. Such application shall be accom¬ 
panied by a statement from at least three persons 
who will testify from their personal knowledge of 
the applicant that he is a man of good repute and 
personal habits, and that he has, in their judgment, 
a knowledge of and experience in handling boilers 
and engines as required in this section. Such per¬ 
mit shall apply only to the mine for which it was 
issued. 

(h) Each applicant for a certificate of compe¬ 
tency as electrical hoisting engineer shall produce 


22 


evidence satisfactory to the board that he is a citizen 
of the United States, at least twenty-one years of 
age, that he has had sufficient experience with elec¬ 
trical equipment satisfactory to the board to han¬ 
dle electrical hoisting machinery and is of good re¬ 
pute and temperate habits. He shall pass an exami¬ 
nation as to his practical and technical knowledge 
of the construction of same, the care and adjust¬ 
ment of electrical hoisting engines, the manage¬ 
ment and efficiency of electric pumps, ropes and 
winding apparatus and as to his knowledge of the 
laws of this State in relation to signals and the hoist¬ 
ing and lowering of men at mines. 

Examination papers preserved.] (i) There shall 
be written and an oral examination of applicants as 
may be prescribed by the rules of the board; and all 
written examination papers and all other papers of 
applicants shall be kept on file by the board for not 
less than one year, during which time any applicant 
shall have the right to inspect his said papers at all 
reasonable times; and any applicant shall be en¬ 
titled to certified copy of any or all of his said papers 
upon payment of a reasonable copy fee therefor. 

Certificates.] § 3. (a) The certificates provided 
for in this Act shall be issued under the signature 
and seal of the State Mining Board, to all those who 
receive a rating above the minimum fixed by the 
rules of the board; such certificates shall contain 
the full name, age and place of birth of the recipient 
and the length and nature of his previous service 
m or about coal mines. 

Record to be preserved.] (b) The board shall 
make and preserve a record of the names and ad¬ 
dresses of all persons to whom certificates are issued. 

Effect of certificates.] (c) The certificates 
provided for in this Act shall entitle the holders 
thereof to accept and discharge at any mine in this 
State, the duties for which they are declared quali¬ 
fied. 


23 


Unlawful to einiploy others than certified 
MINE MANAGER.] (d) It Shall be unlawful for the 
operator of any coal mine to have in his service as 
mine manager at his mine, any person who does not 
hold a certificate of competency issued by the State 
Mining Board of this State: Provided, that when¬ 
ever any exigency arises by which it is impossible 
for any operator to secure the immediate services of 
a certificated mine manager, he may place any trust¬ 
worthy and experienced man of the mine inspection 
district in charge of his mine to act as temparary 
mine manager for a period not exceeding seven days, 
and with the approval of the State Inspector of the 
district, for a further period not exceeding twenty- 
three days. 

UNLAWFUT. to EMPLOY OTHER THAN CERTIFICATED 
MINE EXAMINERS.] (e) It Shall he unlawful for the 
operator of any mine to have in his service as mine 
examiner any person who does not hold a certificate 
of competency issued by the State Mining Board: 
Provided, that any one holding a mine riianager’s 
certificate may serve as mine examiner; but in any 
mine employing more than twenty-five (25) men, the 
mine manager shall not act in the capacity of mine 
examiner while acting as mine manager; And, pro¬ 
vided, v/henever any exigency arises by which it is 
im.possible for any operator to secure the immediate 
services of a certificated examiner, he may employ 
any trustworthy and experienced man of the mine 
inspection district to act as temporary mine exam¬ 
iner for a period not exceeding seven days, and with 
the approval of the State Inspector of the district, 
for a further period not exceeding twenty-three days. 

Unlawful to employ other than certificated 
HOISTING ENGINEER.] (f) It Shall be unlawful for the 
operator of any mine to permit any person who does 
not hold a certificate of competency as hoisting engi¬ 
neer issued by the State Mining Board, to hoist or 
lower men, or to have charge of the hoisting engine 



24 


when men are underground, except as provided in 
section 2, paragraph (f). 

Temporary eisiployment of uncertified per¬ 
sons NOT extended.] (g) Th'e employment of persons 
who do not hold certificates as mine managers and 
mine examiners, shall in no case exceed the limit 
of time specified herein, and the State Inspector shall 
not approve of the employment of such persons be¬ 
yond the twenty-three day limit. 

Removal of inspectors.] (h) Upon a petition 
signed by not less than three coal operators, or ten 
coal miners, setting forth that any State inspector of 
mines neglects his duties, or that he is incompetent, 
or that he is guilty of malfeasance in office, or guilty 
of any act tending to the unlawful injury of miners 
or operators of mines, it shall be the duty of the 
State Mining Board to issue a citation to the said 
inspector to appear before it within a period of fifteen 
days on a .day fixed for said hearing, when the said 
board shall investigate the allegations of the peti¬ 
tioners; and if the said board shall find that the said 
inspector is neglectful of his duty, or is incompetent, 
or that he is guilty of malfeasance in office, or guilty 
of any act tending to the injury of miners or opera- I 
tors of mines, the said board shall declare the office ■ 
of said inspector vacant, and a properly qualified per¬ 
son shall be duly appointed, in the manner provided 
for in this Act, to fill said vacancy. 

Cancellation of certificates.] (i) The certifi¬ 
cate of any mine manager, hoisting engineer or mine 
examiner, may be cancelled and revoked by the State 
Mining Board upon notice and hearing as hereinafter 
provided, if it shall be established in the judgment of 
said board that the holder thereof has become un¬ 
worthy to hold said certificate by reason of violation 
of the law, intemperate habits, incapacity, abuse of 
authority or for any other cause: Provided, that any 
person against whom charges or complaints are made 
hereunder shall have the right to appear before said 


i 

25 

board and defend against said charges, and he shall 
have fifteen days’ notice in writing of such charges 
previous to such hearing: Provided, further, that the 
board in its discretion may suspend the certificate of 
any person charged as aforesaid, pending such hear¬ 
ing, but said hearing shall not be unreasonably 
deferred. 

Districts.] § 4. The State shall be divided into 
twelve inspection districts, said divisions to be made 
by the State Mining Board. The board may also 
change from time to time the boundaries of said dis¬ 
tricts in order to more equally distribute the labor 
and expenses of the several mine inspectors, but this 
provision shall not be construed as authorizing the 
State Mining Board to increase the number of dis¬ 
tricts. 

Inspectors.] § 5. (a) From the names certified 
by the State Mining Board, the Governor shall se¬ 
lect and appoint twelve State mine inspectors; that 
is to say, one inspector for each of the twelve in¬ 
spection districts provided for in this Act; or more, 
if, in the future, additional inspection districts shall 
be created, and their commissions shall be for a 
term of two years from July 1, Provided, the term 
of any State Mine Inspector in office July 1, 1911, 
shall be extended to October 1, 1911: And, 'provided, 
any State inspector in actual service and good stand¬ 
ing and who has passed one examination under this 
Act may be reappointed for the next ensuing term, 
without further certification, but shall not be so 
reappointed more than three times: Provided, 
further, no man shall be eligible for appointment 
as a State inspector of mines who has any pecuniary 
interest in any coal mine in Illinois. 

(b) The board of supervisors in counties under 
township organization, or commissioners in counties 
not under township organization of any county in 
which coal is produced, upon the written request of 
the State Inspector of Mines for the district in which 


26 


said county is located, shall appoint as assistant to 
such State inspector, a county inspector of mines who 
shall work under the direction of such State inspec¬ 
tor, but no person shall be eligible for appointment as 
county inspector who does not hold a State certificate 
of competency as mine manager, and the compensa¬ 
tion of such county inspector shall be fixed by the 
county board at not less than five dollars per day, 
to be paid out of the county treasury. 

If any county board shall fail or refuse to ap¬ 
point a suitable person as county mine inspector, 
or to make an adequate appropriation for such county 
mine inspector when appointed within ninety days 
after the filing of a written request by the State 
Inspector of Mines in and for the district in which 
such county is located, then the State Mine In¬ 
spector or chief clerk of the State Mining Board, 
may file a petition verified by oath in the County 
Court of such county, setting forth the condition 
of coal mining in said county which requires the 
appointment of such county mine inspector, the re¬ 
quest in writing as aforesaid by the State In¬ 
spector, and the failure and refusal by the county 
board to make such appointment or such appropria¬ 
tion as the case may be; and the prayer of such 
petition shall be that the judge of such County 
Court appoint a county mine inspector or order the 
county board to make such appropriation; and there¬ 
upon such County Court shall cause summons to 
issue commanding the sheriff of the county that he 
summon the county board to be and appear at a term 
of court therein named, returnable as summons in 
other suits at law, and to show cause, if any there be, 
why such county mine inspector should not be ap¬ 
pointed as prayed in such petition; which summons 
may be served as other summons in which a corpora¬ 
tion is defendant; which petition and any answer 
thereto may be set down for hearing before such 
County Court at an early date; and if upon such hear- 


27 


ing it shall appear to the court that sufficient cause 
has not been shown why such county mine inspector 
should not be appointed, such court may make a find¬ 
ing accordingly, and the judge thereof may make such 
appointment; and the order making such appointment 
shall he entered of record in the cause and the person 
so appointed shall act as such county mine inspector 
until the further order of court or until such time, 
not less than one year thereafter, as such county 
board shall have appointed a successor to the person 
appointed by the judge of such court, and such suc¬ 
cessor shall have qualified to act; and the judge of 
such court may in his discretion remove the inspector 
by him appointed and appoint a successor, and may 
order the county board from time to time to make an 
adequate appropriation for such county mine inspec¬ 
tor and shall have power to punish as for contempt of 
court any disobedience to any such order. 

An appeal shall lie from any final order of the 
County Court in such proceeding to the Appellate 
Court of the State, but the operation of such order 
shall not thereby be stayed unless by an order made 
and entered ’by such Appellate Court or some judge 
thereof. 

The State inspector may authorize any county 
inspector in his district to assume and discharge all 
the duties and exercise all the powers of a State 
inspector in the county for which he is appointed, in 
the absence of a State inspector; but such authority 
must be conferred in writing and the county inspec¬ 
tor must produce the same as evidence of his pow¬ 
ers upon the demand of any person affected by his 
acts; and the bond of said State inspector shall be 
holden for the faithful performance of the duties of 
such assistant inspector. 

Bond.] (c). State inspectors, before entering up¬ 
on their duties as such must take oath of office, as 
provided for by the Constitution and enter into a 
bond to the State in the sum of five thousand dob 


28 


lars ($5,000) for State mine inspectors, with sure¬ 
ties to be approved by the Governor, conditioned upon 
the faithful performance of their duties in every par¬ 
ticular, as required by this Act. Said bonds, with 
the approval of the (Governor endorsed thereon, to¬ 
gether with the oath of office, shall be deposited with 
the Secretary of State. 

Instruments.] (d) The State Mining Board shall 
furnish to each of said State inspectors an anemo¬ 
meter, a safety-lamp and such other instruments and 
such blanks, blank-books, stationery, printing and 
supplies as may be required by said inspectors in 
the discharge of their official duties. Said’ instru¬ 
ments and supplies shall be paid for on bills of 
particulars certified by the proper officers of the board 
and approved by the Governor; and the Auditor of 
Public Accounts shall draw his warrants on the State 
treasury for the amounts thus shown to be due, 
payable out of any money in the treasury not other¬ 
wise appropriated. 

Examination of mines.] (e) State inspectors 
shall devote their whole time and attention to the 
duties of their respective offices. State inspectors shall 
make a personal examination at least once In every 
six months, or oftener if necessary, of each mine in 
their district in which ten or more men are employed. 
The State Mining Board also may require State in¬ 
spectors personally to examine any or all other mines 
in their respective districts. Every mine in the State 
shall be examined at least once in every six months 
by either a State or county mine inspector. 

Scope of examination.] (f) Every State inspec¬ 
tor in the regular inspection of mines shall meusure 
with an anemometer and determine the amount of air 
passing in the last cross-cut in each pair of entries in 
pillar and room mines, or in the last room of each 
division in long wall mines. He shall also measure 
with an anemometer and determine the amount of air 
passing at the inlet and outlet of the mines; and he 


29 


shall compare all such air measurements with the last 
report of the mine examiner and the mine manager 
upon the mine examination book of the mine. He 
must observe that the legal code of signals between 
the engineer and top man and bottom man is estab¬ 
lished and conspicuously posted for the information 
of all employees. 

State inspectors also shall require that every 
necessary precaution be taken to insure the health 
and safety of the workmen employed in the mines 
and that the provisions and requirements of all the 
mining laws of this State are obeyed. 

State inspectors shall render written reports of 
mine inspections made by them to the State Mining 
Board in such form and manner as shall be required 
by the board. State inspectors shall take prompt 
action for the enforcement of the penalties provided 
for violation of the mining laws. 

Authority to enter.] (g) It shall be lawful for 
State inspectors to enter, examine and inspect any 
and all coal mines and the machinery belonging 
thereto, at all reasonable times, by day or by night, 
but so as not to unreasonably obstruct or hinder the 
working of such coal mine, and the operator of every 
such coal mine is hereby required to furnish all neces¬ 
sary facilities for making such examination and in¬ 
spection. 

Procedure in case of objection.] (h) If any 
operator shall refuse to permit such inspection or to 
furnish the necessary facilities for making such ex¬ 
amination and inspection, the inspector shall file his 
affidavit, setting forth such refusal, with the judge 
of the Circuit Court in said county in which said 
mine is situated, either in term time or vacation, or, 
in the absence of said judge, with a master in chan¬ 
cery in said county in which said mine is situated, 
and obtain an order on such owner, agent or operator 
so refusing as aforesaid, commanding him to permit 
and furnish such necessary facilities for the inspec- 


30 


tion of such coal mine, or he adjudged to stand in 
contempt of court and punished accordingly. 

Notice to be posted.] (i) The State inspector 
shall post in some conspicuous place at the top of 
each mine inspected by him, a plain statement show¬ 
ing what in his judgment is necessary for the better 
protection of the lives and health of persons employed 
in such mine; such statement shall give the date of 
inspection and be signed by the inspector. He shall 
post a notice at the landing used by the men, stating 
what number of men will be permitted to ride on the 
cago at one time and the rate of speed at Avhich men 
may be hoisted and lowered on the cages. 

Sealer of weights.] (j) State inspectors are 
hereby made ex officio sealer of weights and measures 
in their respective district, and as such are empow¬ 
ered to test all scales used to weigh coal at coal 
mines. Upon the written request of any mine owner 
or operator, or of ten coal miners employed at any 
one mine, it shall be the duty of the inspector to test 
any scale or scales at such mine against which com¬ 
plaint is directed, and if he shall find that they or 
any of them do not weigh correctly, he shall call the 
attention of the mine owner or operator to the fact, 
and direct that said scale or scales be at once over¬ 
hauled and readjusted so as to indicate only true 
and exact weights, and’ he shall forbid the further 
operation of such mine until such scales are ad¬ 
justed. In the event that such tests shall conflict 
with any test made by any county sealer of weights, 
or under and by virtue of any municipal ordinance 
or regulation, then the test by such mine inspector 
shall prevail. 

Test weights.] (k) For the purpose of carrying 
out the provisions of this Act, each State inspector 
shall be furnished by the State with a complete set 
of standard weights suitable for testing the accuracy 
of tract (track) scales and of all smaller scales at 
mines, said test weights to be paid for on bills of par- 


ticulars, certified by the Secretary of State and ap¬ 
proved by the Governor. Such test weights shall re¬ 
main in the custody of the inspector for use at any 
point within his district, and for any amounts ex¬ 
pended by him for the storage, transportation or 
handling of the same, he shall be fully reimbursed 
upon making entry of the proper items in his expense 
voucher. 

Inspectors’ annual reports.] (1) Each State In¬ 
spector of Mines shall, within sixty days after June 
30 of each year, prepare and forward to the State 
Mining Board a formal report of his acts during the 
year in the discharge of his duties, with any recom- 
m.enclations as to legislation he may deem necessary 
on the subject of mining, and shall collect and tabu¬ 
late upon blanks furnished by said board all desired 
statistics of mines and miners within his district to 
accompany said annual report. 

Reports to be published.] (m) On the receipt 
of said inspectors’ reports the chief clerk of the State 
Mining Board shall compile and summarize the same, 
to be included in the report of said board, to be 
known as the annual coal report, which shall, within 
four months thereafter, be bound, printed and trans¬ 
mitted to the Goernor for the information of the 
General Assembly and the public. The printing and 
binding of said reports shall be provided for by the 
Commissioners of State Contracts in like manner and 
in like numbers as they provide for the publication 
of other official reports to the Governor. 

Reports by opep^vtor.] (n) Every coal operator 
shall, within thirty days after June 30 of each year, 
furnish to the State Mine Inspector of the district, 
on blanks furnished by him prior to said June 30, 
statistics of the wages and conditions of their em¬ 
ployees as required by law. The failure of any in 
spector to forw'ard to the State Mining Board his 
formal report, as provided in paragraph one (1) 
hereof, or the failure of any coal operator to furnish 


to the State Mine Inspector of the district the sta¬ 
tistics provided for herein, shall be adjudged a mis¬ 
demeanor and be subject to a fine of $100. 

Pay of Inspectors. 

§ 6. Repealed by implication. (See Civil Admin¬ 
istrative Code.) 

Maps and Plans, Copies, Surveys, Abandoned Mines, 
Penalty. 

§ 7. (a) The operator of every coal mine in 
the State shall make, or cause to be made, an accu¬ 
rate map or plan of such mine, drawn to a scale not 
smaller than 200 feet to the inch. All measure¬ 
ments shall be in feet and decimals of a foot. On 
such maps shall appear the name of the State, 
county and township in which the mine is located, 
the designation of the mine, the name of the com¬ 
pany or owner, the certificate of the mining 
engineer or surveyor as to the accuracy and date of 
the survey, the north point and the scale to which the 
drawing is made. 

Surface survey.] (b) Such map or plan shall 
accurately show the surface boundary lines of the 
coal rights pertaining to each mine, and all sections 
or quarter-section lines or corners within the same; 
the lines of town lots and streets; the tracks and 
side-tracks of all railroads, and the location of all 
wagon roads, rivers, streams, ponds, location and 
depth of holes drilled for oil, gas or water that pene¬ 
trate a workable coal seam, and the elevation above 
the coal seam of any stream or body of water that 
might endanger the mine. 

Underground survey.] (c) For the underground 
workings, said maps shall show all shafts, slopes, 
tunnels or other openings to the surface or to the 
workings of a contiguous mine; all excavations, en¬ 
tries, rooms and cross-cuts; the location of the fan 
or furnace and the direction of the air currents; 


33 


the location of pumps, hauling engines, engine planes, 
abandoned works, fire walls and standing water; and 
the outcrop line of the seam, if any, on the property. 

The general outline of all areas in which pillars 
have been drawn shall be indicated on the map. 

Each underground map also shall show, in feet 
and decimals thereof, the elevation of the floor of 
the coal at reasonable intervals op the main entries 
and cross entries from the bottom of the shaft to 
the face of the workings; such elevations shall be 
referred to the floor of the coal at the bottom of the 
hoisting shaft. 

Map for every seam.] (d) A separate and simi¬ 
lar map, drawn to the same scale, shall be made of 
each and every seam, which, after the passage of this 
Act, shall be working in any mine, and the maps of 
all such seams shall show all shafts, inclined planes 
or other passageways connecting the same. 

Separate maps for the surface.] (e) A sep¬ 
arate map also shall be made of the surface when 
ever the surface buildings, lines or objects are so 
numerous as to obscure the details of the mine work¬ 
ings if drawn upon the same sheet with them, and in 
such case the surface map shall be drawn on trans¬ 
parent cloth or paper, so that it can be laid upon the 
map of the underground workings, and thus indicate 
the relation of lines and objections on the surface 
to the excavations of the mine. 

The dip.] (f) Each map shall also show by 
profile drawing and measurements, in feet and deci¬ 
mals thereof, the rise and dip of the seam from the 
bottom of the shaft in either direction to the face of 
the workings. 

Copies for inspectors and recorders.] (g) The 
original or true copies of all such maps shall be kept 
in the office at the mine, and one true copy thereof 
shall be furnished to the State inspector of mines for 
the district in which said mine is located, and one 
shall be filed in the office of the recorder of the 


34 


county in which the mine is located, within thirty 
days after the completion of the same. The maps so 
delivered to the inspector and to the recorder shall 
remain in the custody of said inspector and recorder 
during their respective terms of office, and be deliv¬ 
ered by them to their successors in office. They shall 
be kept aat the office of the inspector and of the re¬ 
corder, and be open to the examination of all persons 
interested in the same, but such examination shall 
be made only in the presence of the inspector or the 
recorder., Neither the inspector nor the county 
recorder shall permit any copies of the same to be 
made without the written consent of the operator or 
the owner of the property. 

The county recorder shall properly index such 
map as part of the title record of the property af¬ 
fected. 

A copy of each map and extensions to the same 
shall be furnished the mine rescue station commis¬ 
sion for use in connection with rescue work only. 

Annual Surveys.] (h) An extension of the last 
preceding survey of every mine in active operation 
shall be made once in every twelve months prior to 
July 1, of every year, and the results of said survey, 
with the date thereof shall be promptly and ac¬ 
curately entered upon the original maps and all 
copies of the same, so as to show all changes in plan 
or new work in the mine, and all extensions of the 
old workings to the most advanced face or boundary 
of said workings which have been made since the 
last preceding survey. The State inspector, the 
county recorder and the rescue station commission 
shall be furnished with a copy of the said extended 
map or of the extensions to said map. 

Abandoned mines.] (i) When any coal mine is 
worked out or is about to be abandoned or indefi¬ 
nitely closed, the operator of the same shall make, or 
cause to be made, a final survey of such mine; to 
show the entire worked out area when the mine was 


35 


closed, and the results of the same shall be duly ex¬ 
tended on all maps of the mines and copies thereof 
herein required to be filed. The shaft, slope or drift 
opening into any such abandoned mine shall be 
kept securely enclosed. 

Special survey.] (j) The State inspector of 
mines, or the State Mining Board, may order a sur¬ 
vey to be made of the workings of any mine in addi¬ 
tion to the regular annual survey, the results to be 
extended on the maps of the same and the copies 
thereof, whenever the safety of the workmen, un¬ 
lawful injury to the surface, unlawful encroachment 
upon adjoining property, or the safety of an adjoining 
mine requires it. 

If the State inspector of mines or the State Min¬ 
ing Board shall believe any map required by this 
Act is materially inaccurate or imperfect, the State 
inspector or State Mining Board is authorized to 
make, or cause to be made, a correct survey and 
map at the expenses of the operator, the cost re¬ 
coverable as for debt, provided if such test surveys 
shows the operator’s map to be correct, the State 
shall be liable for the expense incurred, payable in 
such manner as other State accounts incurred by the 
State Mining Board. 

Penalities for failure.] (k) If an operator of 
any mine refuses or wilfully neglects, for a period of 
three months, to furnish the said State inspector, the 
county recorder and the manager of the rescue sta¬ 
tions the map or plan of such mine, or a copy there¬ 
of, or of the extension thereto, as provided for in this 
Act, such operator shall be deemed guilty of a mis¬ 
demeanor, and on conviction thereof shall be fined 
not less than ten dollars nor more than one hundred 
dollars, in the discretion of the court, and shall stand 
committed to the county jail until such fine is paid, 
and, in addition thereto, the State inspector or State 
Mining Board is hereby authorized to make, or cause 
to be made, an accurate map or plan of such mine at 


36 


the expense of the operator thereof; and the cost of 
the same may be recovered by law from the operator 
in the same manner as other debts by suit, in the 
name of the State inspector of the the State Mining 
Board, and for his or its use, and copies of the same 
shall be filed by him or the board, one each with 
said recorder and Mine Rescue Commission. 

Sinking shafts or slojies — Inspection. 

§ 8. (a) Any shaft or other opening in process of 
sinking, or driving, for the purpose of mining coal, 
shall be subject to the inspection of the State in- 
« spector of mines for the district in which said shaft 
or opening is located. 

(b) Over every shaft that is being sunk or shall 
hereafter be sunk, there shall be a safe and* sub¬ 
stantial structure to support sheaves or pulley ropes 
at a height not less than 15 feet above the tipping 
place. The landing platform of such shaft shall be so 
arranged that material can not fall into the shaft 
while the bucket is being emptied or taken from the 
hoisting rope. If provisions are made to land a 
bucket on a truck, said truck and platform shall be 
so arranged that material can not fall into the shaft. 

(c) Rock or coal shall not bc hoisted except in a 
bucket or on a cage when men are in the bottom of 
the shaft; and said bucket or cage must be connected 
to the hoisting rope by a safety hook, clevis or other 
safety attachment. The rope shall be fastened to the 
side of the drum and not less than three coils of rope 
shall remain on the drum. In shafts over 100 feet 
in depth, suitable provision shall be made to prevent 
the Pucket from swinging while being lowered or 
hoisted, and guides provided for this purpose shall be 
maintained at a distance of not more than 75 feet 
from the bottom of the shaft. 

(d) An efficient brake shall be attached to the 
drum of the engine used for hoisting in shaft sinking, 
and the drum shall be provided with a flange on each 
end not l^ss than 4 inches in height 


37 


(e) Not more than four persons shall be lowered 
or hoisted in or on a basket in a shaft at one time, 
and no person shall ride on a loaded bucket. 

(f) All blasts in shaft sinking shall be exploded 
by electric battery. 

(g) Provisions shall also be made for the proper 
ventilation of shafts while being sunk. 

(h) No one but a certificated hoisting engineer 
shall be in charge of the hoisting engines while a 
shaft is being sunk. 

Escapement Shafts, ete. 

§ 9. (a) For every coal mine in this State, 
whether worked by shaft, slope or drift, there shall 
be provided and maintained, in addition to the hoist¬ 
ing shaft, or other place of delivery, an escapement 
shaft or opening to the surface, or an underground 
communicating passageway with a contiguous mine, 
so that there shall be at least two distinct and avail¬ 
able means of egress to all persons employed in such 
coal mines. 

Distant from main shaft.] (b) In mines sunk 
after the passage of this Act, the first escapement 
shaft shall be separated from the main shaft by such 
extent of natural strata as may be agreed upon by 
the inspector of the district and the owner of the 
property, but the distance between the main shaft 
and the escapement shaft shall not be less than 500 
feet nor more than 2,000 feet; Provided, that in mines 
employing ten (10) men or less the distance be¬ 
tween the hoisting shaft and the escapement shaft 
shall not be less than two hundred and fifty (250) 
feet. 

Unlawful to employ more than ten men.] (c) 
It shall be unlawful to employ underground, at any 
one time, more men than in the judgment of the 
inspector are necessary to complete speedily the con¬ 
nections with the escapement shaft or adjacent mine; 
and said number must not exceed ten men at any one 


38 


time for any purpose in said mine until such escape¬ 
ment or connection is completed. 

The time allowed for completing such escape¬ 
ment shaft or making such connections with an ad¬ 
jacent mine, as is required by the terms of this Act, 
shall be three months for shafts 200 feet or less in 
depth, and six months for shafts less than 500 feet 
and more than 200 feet, and nine months for all 
other mines, slopes or drifts, or connections with ad¬ 
jacent mines. The time to date in all cases from the 
hoisting of coal from the hoisting shaft; Provided, 
that in mines employing ten (10) men or less, the 
time for completing the escapment shaft shall not 
be more than six months from the time of hoisting 
coal. 

Stairways or cages.] (d) The escapement shaft 
at every mine opened after the passage of this Act 
shall be equipped with a substantial stairway, set at 
an angle not greater than forty-five degrees, which 
shall be provided with hand rails and with platforms 
or landings at each turn of the stairway; Provided, 
that all coal mines more than two hundred (200) 
feet in depth, opened on or after July 1, 1919, the es¬ 
capement shaft shall be equipped with both a cage 
and stairway; Provided, fui'ther, that if the coal mine 
is equipped with a stairway in the main shaft, no 
stairway shall be required in the escapement shaft. 

If any escapement shaft, at the time of the pas¬ 
sage of this Act, be equipped with a cage for hoisting 
men, such shaft, cage and all equipment used in con¬ 
nection therewith must conform to the requirements 
of this Act in reference to the hoisting and lowering 
of men. 

Where an escapement way is connected to a com¬ 
partment in which coal is hoisted in such manner 
that men using the escapement way are endangered 
by falling coal or by themselves falling into such 
hoisting compartment, the State Mine Inspector shall 


39 


have power to order suitable protection against such 
dangers. 

Passageways to escapement.] (e) Such es¬ 
capement shaft or opening or communication with a 
contiguous mine as aforesaid, shall be constructed in 
connection with every seam of coal worked in such 
mine, and all passageways communicating with the 
escapement shaft or place of exit, from the main 
hauling ways to said place of exit, shall be main¬ 
tained free of obstruction at least 5 feet high and 
5 feet wide. Such passageways must be so graded 
and drained that it will be impossible for water to 
accumulate in any depression or dip of the same in 
quantities sufficient to obstruct the free and safe pas¬ 
sage of men. No passageway to an escapement shaft 
shall pass through a stable. At all points where the 
passageway to the escapement shaft or other place 
of exit is intersected by other roadways or entries, 
conspicuous signboards shall be placed indicating the 
direction it is necessary to take in order to reach such 
place of exit. 

Communications with adjacent mines.] (f) 
When operators of adjacent mines have, by agree¬ 
ment, established underground communications be¬ 
tween said mines as an escapement outlet for the 
men employed in both, the intervening doors shall 
remain unlocked and ready at all times for immedi¬ 
ate use. 

When such communication has once been estab¬ 
lished between contiguous mines, the operator of 
either shall not close the same without the consent 
of the operator of the contiguous mine and of the 
State inspector for the district: Provided, that 
when either operator desires to abandon mining op¬ 
erations the expense and duty of maintaining such 
communication shall devolve upon the party con¬ 
tinuing the operations and using the same. 


40 


Gates. 

§ 10. (a) The upper and lower landing at the 
top of each shaft, and the opening of each inter¬ 
mediate seam from or to the shaft, shall be kept 
clear and free from loose materials, and shall be pro¬ 
tected with automatic or other gates, such gates to be 
of good, serviceable construction for the purpose for 
which they are designed, namely, to prevent either 
men or materials from falling into the shaft. At the 
top landing cage supports, where necessary, must be 
carefully set and adjusted so as to securely hold 
the cage when at rest. 

Lights on landing.] (b) Whenever the hoist¬ 
ing or lowering of men occurs before daylight or 
after dark, or when the landing at which men take 
or leave the cage is at all obscured by steam or 
otherwise, there must always be maintained at such 
landing a light sufficient to show the landing and 
surrounding objects distinctly. Likewise, as long as 
there are men underground in any mine the operator 
shall maintain a good and sufficient light at the bot¬ 
tom of the shaft thereof, so that persons coming to 
the bottom may clearly discern the cage and ob¬ 
jects in the vicinity. 

Hoisting equipment.] (c) Every shaft in which 
men are hoisted and lowered must be equipped with 
a cage, or cages, fitted to guide-rails running from the 
top to the bottom. Said cages must be safely con¬ 
structed; they must be furnished with sheet-metal 
covers adequate to protect persons riding thereon 
from falling objects; they must be equipped with 
safety catches. Every cage on which persons are 
carried must be fitted with iron bars or rings in 
proper place and sufficient number to furnish a se¬ 
cure handhold for every person permitted to ride 
thereon. There shall be attached to every cage on 
which men are, or may be, hoisted or lowered, a horn 
or other device with which signals can be given on 
the cage. Hoisting ropes when socketed at the cage 


41 


shall be cut off and resocketed at least once each six 
months and a notice shall be posted in the engine 
room giving the date when the rope was installed 
and when resocketed. 

(d) In connection with every hoisting engine 
used for hoisting or lowering of men there shall be 
provided as follows: 

BiiAKE ON DRUM.] (1) A good and sufficient brake 
on the drum, so adjusted that it may be operated 
by the engineer without leaving his post at the levers. 

Flanges.] (2) Flanges attached to the sides of 
the drum, with a distance when the whole rope is 
wound on the drum of not less than 4 inches between 
the outer layer of rope and the greatest diameter of 
the flange. 

Rope fastenings.] (3) One end of each hoisting 
rope shall be well secured on the drum, and at least 
three laps of the same shall remain on the drum 
when the cage is at rest at the lowest caging place 
in the shaft. 

The lower end of each rope shall be securely 
fastened to the cage, by suitable sockets and chains. 

Indicator.] (4) An index dial or indicator that 
plainly shows the engineer at all times the true po¬ 
sition of the cages in the shaft. 

Signals.] (e) At every mine when men are 
hoisted and lowered by machinery there shall be pro¬ 
vided means of signaling to and from the bottom 
man, the top man and the engineer. The signal 
system shall consist of a tube, or tubes, or wire en¬ 
cased in wood or iron pipes, through which signals 
shall be communicated by electricity, compressed 
air or other pneumonia devices, or by ringing a bell. 
When compressed air or other pnuematic devices are 
used for signalling, provision must be made to pre¬ 
vent signal from repeating or reversing. The fol¬ 
lowing signals shall be used at mines where signals 
are required: 


42 


Prom the bottom to the top; One ring or whis¬ 
tle shall signify to hoist coal or the empty cage, and 
also to stop either when in motion. 

Two rings or whistles shall signify to lower 
cage. 

Three rings or whistles shall signify that men 
are coming up or going down; when return signal is 
received from the engineer the men shall get on the 
cage and the proper signal to hoist or lower shall 
be given. 

Four rings or whistles shall signify to hoist 
slowly, implying danger. 

Five rings or whistles shall signify accident in 
the mine and a call for a stretcher. 

Six rings or whistles shall signify hold cage per¬ 
fectly still until signaled otherwise. 

Prom top to bottom, one ring or whistle shall 
signify: All ready, get on cage. 

Two rings or whistles shall signify: Send away 
empty cage. 

Provided, that the operator of any mine may, 
with the consent of the inspector, add to this code 
of signals in his discretion. The code of signals in 
use at any mine shall be conspicuously posted at the 
top and at the bottom of the shaft, and the engine 
room at some point in fromt of the engineer when 
standing at his post. 

Gauge.] (f) Every boiler shall be provided with 
a glass water gauge and not less than three try cocks 
and also a steam gauge, except that where two or more 
boilers are equipped with a steam drum properly 
connected with the boilers to indicate the steam pres¬ 
sure and without any valves between said boilers 
and the steam drum, the steam gauge may be placed 
in said steam drum; and other steam gauge shall be 
attached to the steam pipe in the engine house, each 
to be placed in such a position that the engineer and 
the fireman can readily see what pressure is being 
carried. Such steam gauges shall be kept in good 


43 


order and adjusted and be tested as often, at least, 
as every six months, 

Headeklines.] (g) On boilers connected with one 
another by what is known as headerlines, all valve 
connections thereto shall be closed and securely 
fastened while said boiler or boilers are being 
washed, cleaned or repaired for the protection of 
the person so engaged. 

Safety vAm'Es.] (h) Every boiler shall be pro¬ 
vided with a safety valve with weights or springs 
properly adjusted, except that where two or more 
boilers are equipped with a steam drum properly 
connected with the boilers to indicate the steam pres¬ 
sure and without any valves between said boilers and 
the steam drum, the safety valve may be placed in 
said steam drum. 

Inspection of boilers.] (i) All boilers used in 
generating steam in and about coal mines or sinking 
shafts shall be kept in good order, and the operator 
of every coal mine where steam boilers are in use 
shall have said boilers thoroughly examined and in¬ 
spected by a competent boilermaker or other quali¬ 
fied person, not an employee of said operator, as 
often as once in every six months, and oftener if the 
mine inspector shall so require in writing, and the 
result of every such inspection shall be reported on 
suitable blanks to said mine inspector. 

Run-^around at bottom.] (j) At every under¬ 
ground landing where men enter or leave the cage 
and where men must pass from one side of the cage 
to the other there shall be a safe passageway, free 
from obstruction and dry as possible, around the 
shaft not less than three feet wide for the use of 
men only; and animals or cars shall not be taken 
through such passageway while men are passing or 
desirous of passing through such passageway. 

Refuge place on shaft bottom.] (k) A refuge 
place or places for men coming out at the close of 
the day’s work shall be provided off the main bottom 


44 


of cageroom in shaft mines, at a place or places 
and of such size as shall be approved by the State 
Mine inspector. Such place or places shall be not 
more than 400 feet from the shaft, where men are 
hoisted, and shall be kept free from loose material. 
When leaving such refuge places to be hoisted out, 
the men shall be governed by the rules of the mine. 

Obstructions in shaft.] (1) No accumulation 
of ice or obstructions of any kind shall be permitted 
in any shaft in which men are hoisted or lowered; 
nor shall any dangerous gases or steam be dis¬ 
charged into said shaft in such quantities or at such 
times as to interfere with the safe passage of men. 
All surface or other water which flows therein shall 
be conducted by rings or otherwise to receptacles 
provided for the same in such manner as to prevent 
water from falling upon men while passing into or 
out of the mine or while in the discharge of their 
duties about the shaft bottom. 

Inspection.] (m) All shafts by which men enter 
or leave the mine, and the passageways leading 
thereto, or to the works of a contiguous mine used as 
an escapement shaft shall be carefully examined 
throughout at least once each week that the mine is 
operating and the date and flndings of such an 
examination entered promptly in the books kept at 
the mine for that purpose. A daily visit to the bot¬ 
tom of all such escapement shafts shall be made by 
the mine examiner, and if obstructions to the free 
passage of men are found, their location and na¬ 
ture shall be stated in such report. Such obstruc¬ 
tions shall be promptly removed. 

Buildings, Explosives, Engine and Boiler House. 

§ 11. (a) After the passage of this Act, all build¬ 
ings and structures erected over a shaft, slope or 
drift mouth, and within one hundred (100) feet of 
the same shall be of metal, rock, clay, cement, clay 
or cement products, or a combination of the same. 


45 


All fan houses, tops of air and escape shafts and fan 
drifts shall also be constructed of the above men¬ 
tioned materials or a combination thereof. In con¬ 
nection with above construction, wood may be used 
only for floors, windows, doors, or the frames for 
the same: Provided, that this paragraph shall not 
apply to mines employing ten (10) men or less. 

Oil and other explosh’es.] (b) No oils or sim¬ 
ilarly inflammable materials shall be stored within 
one hundred (100) feet of any hoisting or escapement 
shaft, nor in any mine. 

All lubricating oil used in coal mines shall be 
contained in closed receptacles. In the mine, oil shall 
not be heated over a Are or lamp. 

All explosive material shall be stored in a fire¬ 
proof magazine located on the surface not less than 
500 feet from all other buildings in connection with 
the mine, and such magaz-ine shall be so placed as 
not to jeopardize the free and safe exit of men from 
the mine in case of an explosion at the magazine. 

Engine and boiler-house.] (c) Any building 
erected after the passage of this Act, for the pur¬ 
pose of housing the hoisting engine or boilers at any 
mine, shall be substantially fireproof, and no boiler- 
house shall be nearer than sixty feet to the main 
shaft or other opening, or to any building or in¬ 
flammable structure connecting therewith. 

Top and Bottom Man, Gages, Speed Regulations, 

Exists. 

§ 12. (a) At every shaft where men are hoisted 
or lowered by machinery, the operator shall station 
at the top and at the bottom of such shaft a competent 
man who shall be and is hereby charged with the 
duty of attending to signals, and is empowered to 
preserve order and enforce the rules governing the 
carriage of men on cages. Said top man and bottom 
man shall be at their respective posts of duty at 
least half an hour before the hoisting of coal begins 


46 


in the morning, and remain for half an hour after 
the hoisting ceases for the day. 

Speed of cages and other regulations.] (b) 
Cages on which men are riding shall not be lifted nor 
lowered at a rate of speed greater than six hundred 
feet per minute, except with the written consent of 
the inspector. No person shall carry any tools, tim¬ 
ber or other materials with him on any cage in 
motion, except for use in repairing the shaft, and no 
one shall ride on a cage containing either a loaded or 
empty car. No cage having an unstable or self¬ 
dumping platform shall be used for the carriage of 
men or materials, unless the same is provided with 
some device by which said platform can be securely 
locked, and unless it is so locked whenever men or 
materials are being conveyed thereon. No coal shall 
be hoisted in any shaft while men are being lowered 
therein. 

Rights of men to come out.] (c) Whenever men 
who have finished their day’s work, or have been 
prevented from further work, shall come to the bot¬ 
tom to be hoisted out an empty cage shall be given 
them for that purpose, unless there is an available 
exit by slope or stairway in an escapement shaft, and 
providing there is no coal at the bottom ready to bel^ 
hoisted. In case of injury or l)ona Me illness, a man 
shall be given a cage at once. 

Safety Lamps, Regulations. 

§ 13. (a) At every mine in this State, the opera¬ 
tor shall provide and keep in condition for use not 
less than two safety lamps and shall provide and 
keep as many more as may be required in writing 
by the State mine inspector. Davy lamps shall not 
be used for any purpose except testing. 

(b) All safety lamps shall be the property of the 
operator and when not in use shall remain in the 
custody of the mine manager or other competent per¬ 
son designated by him, who shall clean, fill, trim. 


47 


examine and deliver same locked and in safe condi¬ 
tion to the men when they enter the mine, or at some 
underground station designated by the mine manager 
for that purpose. He shall also receive the lamps 
from the men when they leave the mine or as they 
pass the underground lamp station at the end of 
their shift. 

The persons to whom lamps are thus given shall 
be responsible for the condition and proper use of 
the safety lamps while in their possession, and their 
return to the lamp station. 

No safety lamps shall be given to any person for 
use in a mine nor shall any person use a safety lamp 
in a mine until said person has given evidence satis¬ 
factory to the mine manager that he understands the 
proper use thereof and the danger of tampering with 
the same. 

(c) No person except one duly authorized by the 
mine manager shall have in his possession in any 
part of the mine where locked safety lamps are 
used, any matches or other means of producing fire, 
or any lamp-key or other instrument usable for the 
opening of a locked safety lamp. Any person vio¬ 
lating the provisions of this section shall be guilty 
of a misdemeanor and punishable as hereinafter 
provided relating to misdemeanors under this Act. 

(d) Electric lamps which will not ignite ex¬ 
plosive gases may be used instead of safety lamps for 
purposes for which safety lamps are required in this 
Act except for testing for explosive gas. 

Ventilation. § 14. (a) At every coal mine there 
shall be provided, supplied and maintained an 
amount of air which shall not be less than ont hun¬ 
dred (100) cubic feet per minute for each person, and 
not less than five hundred (500) cubic feet per min¬ 
ute for each animal in the mine, measured at the 
foot of the downcast and of the upcast; except that 
in gaseous mine there shall be not less than one 
hundred and fifty (150) cubic feet of air per min- 


48 


ute for each person in the mine. The inspector shall 
have power by order in writing to require these 
quantities to be increased. 

(b) The main current of air shall he so split or 
subdivided as to give a separate current or reason¬ 
ably pure air to every 100 men at work, and the 
inspector shall have authority to order, in writing, 
separate currents for smaller groups of men, if, in 
his judgment, special conditions render it necessary. 

(c) Doors, curtains or brattices shall be placed 
at such places as may be designated by the mine man¬ 
ager, subject to the approval of the State Inspector, 
to conduct into the working places an amount of air 
sufficient to render the working places reasonably 
free from deleterious air of every kind. 

(d) Away from the pillar for the mine bottom, 
cross-cuts between entries shall he made not more 
than sixty feet apart without permission of the State 
Inspector of the district and then only in case of 
“faults.” When such consent is given, brattice or 
other means must be provided within sixty feet of 
the face to convey the air to the working places until 
a cross-cut is opened up. 

When undercut or sheared, the entry, cross-cut 
and room-neck may be advanced concurrently, hut not 
more than one cutting shall he shot in the room- 
neck until the cross-cut is finished; and after the en¬ 
try has advanced fifteen feet beyond the location of 
the new cross-cut, only one shot shall he fired in 
the entry to two in either or both the cross-cut and 
room-neck at the same shooting time. 

When not undercut or sheared, the entry and 
cross-cut may be advanced concurrently, but no room 
shall be opened in advance of the last open cross¬ 
cut, and after the entry has advanced fifteen feet be¬ 
yond the location of a new cross-cut only one shot 
shall be fired in the entry to two in the cross-cut at 
the same shooting time. 


49 


Not more than three shots shall be exploded at 
one shooting time ahead of the last open cross-cut. 

(e) After the taking effect of this Act, the hrst 
cross-cut between all rooms off any entry shall not be 
more than sixty (60) feet from the rib of the entry. 
Additional cross-cuts shall not be more than sixty 
(60) feet apart: Provided, however, that if in any 
! mine the conditions are such that in the judgment of 
the duly accredited representative of the department 
i of mines and minerals, expressed in writing, it is 
' considered equally safe and more advantageous to 
i leave a blind pillar between not less than every three 
rooms, the department of mines and minerals shall 
i have power to grant the authority to leave said pillar 
I subject to review by the department of mines and 
minerals on formal complaint of the representative 
of either party in interest and after an open hearing. 

1 (f) All cross-cut^ connecting inlet and outlet air 

! courses, except the last one nearest the face, shall be 
I closed with substantial stoppings to be made as 
j nearly air-tight as possible. In the making of the 
lair-tight partitions or stoppings, no loose material or 
j refuse shall be used. 

) Cross-cuts between rooms, except the one nearest 
, the face, shall be closed sufficiently to carry to the 
working places the amount of air required by law. 

(g) All possible care and diligence shall be ex¬ 
ercised in the examination of working places, es¬ 
pecially for the investigation and detection of ex¬ 
plosive gases therein, and where found, such gas shall 
be removed by a special current of air produced by 
bratticing or from a pipe, before men are permitted 
to work in such places with other lights than safety 

lamps. , ^ 

C^j) If, in any mine, the conditions are such that 

in the judment of the mine manager or the judg¬ 
ment of the State Mine Inspector expressed in writ¬ 
ing, it is necessary to use safety lamps only in work¬ 
ing said mine, other lights shall not be used therein. 




50 


Provided, however, that if in the opinion of the min¬ 
ers or operators, an injustice has been done by or¬ 
dering said mine to use safety lamps only, the min¬ 
ers or operators have a right to appeal to the De¬ 
partment of Mines and Minerals, its decision in the 
case to be final. 

(i) The air from the outlet of the stable shall 
not pass into the intake air current used for ven¬ 
tilating the working parts of the mine. 

(j) All doors in mines, used in guiding and 
directing the ventilating currents shall be hung and 
adjusted so as to close automatically. 

(k) At all doors through which three or more 
drivers are hauling coal on any one shift, an attend¬ 
ant shall be employed on said shaft [shift] for the 
purpose of opening and closing said doors when trips 
of cars are passing to and from the wrokings: Pi'O- 
vided, the mine inspector in case of specially dan¬ 
gerous conditions, shall have power to require in 
writing that an attendant be placed at doors through 
which less than three drivers shall pass. Places for 
shelter shall be provided at such doorways to protect 
the attendants from being injured by the cars while 
attending to their duties: Provided, that in any or^ 
all mines, where doors are constructed in such al 
manner as to open and close automatically, attend¬ 
ants and places for shelter shall not be required. 

(l) If the inspector shall find men working with¬ 
out the amount of air required by law, he shall at 
once notify the mine manager to increase the amount 
of air in accordance with the law. Upon the failure 
or refusal of the manager to act promptly, and in all 
cases where men are endangered by such lack of air, 
the inspector shall at once order the men affecte^ out 
of the mine. 

(m) In case the passageways, roadways or en¬ 
tries of any mine are so dry that the air becomes 
charged with dust, the operator of such mine must 


51 


have such roadways regularly and thoroughly 
sprayed, sprinkled or cleaned. 

(n) At all mines employing over one huundred 
(100) men underground and in all mines generating 
fire damp, the ventilating fan shall be run both day 
and night; at all mines employing less than one hun¬ 
dred (100) men underground, the fan shall be run 
at its usual speed for six (6) hours before men go 
into the mine to work. A recording pressure gauge 
shall be maintained in connection with each fan at 
all times: Provided, nothing in this clause shall apply 
to mines employing ten men or less. 

(o) In all mines where closed electric lamps 
are used exclusively, a sufficient number of prac¬ 
tical, experienced miners shall be employed by the 
company, whose duty it shall be to examine the 
mine for obnoxious or inflammable gases while men 
are working therein; and, further provided, that the 
mine shall be examined by a competent person with 
-a safety gas testing lamp on idle days, holidays and 
[Sundays preceding the time the night shift goes on 
I duty. 

\Refuge Places, Power Haulage and Mule Roads, 
^ Room-Necks, God Od struct ions. 

§ 15. (a) On all single-track haulage roads where 
hauling is done by machinery, which roads the per¬ 
sons employed in the mine must use while perform¬ 
ing their work or travel on foot to and from their 
work, there shall be places of refuge on one side not 
Hess than 3 feet in depth from the side of the car, and 
not less than 4 feet long and 5 feet in height and not 
more than 60 feet apart. On all such roads con¬ 
structed after the passage of this Act, the refuse 
'{refuge] places shall be placed on the opposite side 
from the electric power wire. On rope-haulage roads, 
means of signaling shall be established between the 
haulage engineer and all points on the road. A con¬ 
spicuous light shall be carried on the front, and a 

i 





52 


gong, conspicuous red light or white signal board on 
the rear of every trip or train of pit cars moved by 
machinery. 

Refuge places—mule roads.] (b) On all haul 
age roads on which the hauling is done by draft ani 
mals, whereon men are obliged to be in the perform 
ance of their duties or have to pass to and from theii 
work, there shall be places of refuge not less thai 
2% feet in width from the side of the car, and no 
less than 4 feet long and 5 feet in height and no. 
more than 60 feet apart. 

Room-necks as refuge places.] (c) Refuge 
places shall not be required in entries on which room- 
necks at regular intervals not exceeding 60 feet fur¬ 
nish the required refuge places. 

Keeping refuge places clear.] (d) All places 
of refuge must be kept clear of obstructions and no 
material shall be stored nor be allowed to accumu¬ 
late therein. They shall also be whitewashed not 
less than once in six months. 

Gob on haulage roads.] (e) One side of all haul¬ 
age roads shall be kept clear of refuse or materials, 
except timbering, unless the rib or timbering on such} 
side shall be 214 feet or more from the rail, but in“ 
such case materials or refuse shall not be permitted 
within 2]4 feet of the rail. 

Cars. § 16. (a) When there is an open hook 

coupling on either end of the car, the hook and links 
must be attached so that when hanging down, the 
coupling will be clear of the ties and rails. 

Mine cars in use when this Act shall become in 
force and effect shall be made to comply with this 
provision within one year thereafter. 

(b) In mines opened after the passage of this 
Act, all mine cars shall be equipped with a bumper 
or bumpers on each end, which shall project from 
beyond the end of the car not less than four inches 


53 


in length. This shall not be held to apply to mines 
employing ten men or less. 

§ 17. Repealed. 

Oil Standards, Brands, Sampling and Testing, 

Penalty. 

§ 18. All illuminating oils or other illuminants 
used in coal mines shall conform to such specifica¬ 
tions as shall be prescribed by the State Mining 
Board. 

Brands of oil.] (b) All oils sold or offered for 
sale to be used for illuminating purposes in coal 
mines shall be stamped or branded upon the original 
barrel or package in which said oil is furnished to 
the person, firm or corporation selling or furnishing 
such oil to show that such oil has been tested and 
found to conform to the specifications prescribed by 
the State Mining Board. 

Penalty.] (c) Any person, firm, or corpora¬ 
tion, either by themselves, agents or employees, sell¬ 
ing or offering to sell for illuminating purposes in 
'any mine in this State any oil not complying with 
the specifications of the State Mining Board as suit¬ 
able for illuminating purposes as contemplated in 
this Act shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof, shall be fined not less 
than twenty-five dollars, nor more than one hun¬ 
dred dollars for each offense; and any mine owner 
or operator or employee of such owner or operator 
who shall knowingly use, or any mine operator who 
shall knowingly permit to be used, for illuminating 
purposes in any mine in this State any oil, the use 
of which is forbidden by this Act, shall be guilty 
of a misdemeanor, and shall be fined not less than 
five dollars nor more than twenty-five dollars. 

Samples and testing.] (d) The State mine in¬ 
spectors shall have authority to sample all oil used 
for illuminating purposes in the mines of this State, 
or kept on hand for use or for sale at such mines. 



54 


and for such purpose they may enter upon the 
premises of any person. It shall be their duty to send 
to the State Mining Board to be tested a sample of 
any oil they have reason to suspect does not comply 
with the specifications of the State Mining Board in 
regard to illuminating oil for use in mines; and if 
the said sample of oil is found after suitable tests 
not to comply with the provisions of this Act, the 
person using said oil or selling or offering the same 
for sale, shall be prosecuted in accordance with the 
provisions of this Act. 

Powder, Keejnng, Handling and Firing; Standard 
* Charger; Dead Holes, Tamping, Warning. 

§ 19. (a) No blasting powder, or other explos¬ 
ives, shall be stored in any coal mine, and no work¬ 
man shall have at any time in the mine more than 
thirty-five pounds of black powder nor more than 
twenty-five pounds of permissible explosives, nor 
more than three pounds of other high explosives: 
Provided, that nothing in this section shall be con¬ 
strued to prevent the operator of any mine from tak¬ 
ing into the mine, wdien miners are not therein, and 
in electrically equipped mines, while the current is 
turned off on roadways through which it is trans-^ 
ported, a sufficient quantity of powder for the reason¬ 
able requirements of such mine for the next suc¬ 
ceeding working day. The delivery of powder into 
coal mines shall be during the interval after the shot 
firers have come out of the mine and prior to the 
entry of the day shift into the mine in the morning; 
but in the interim before such powder is delivered 
to the men, it shall be kept in a closed receptacle. 

Explosives shall not be carried in the same car 
with tools or other materials. 

Place and manner of keeping in the mine.] 
(b) ,very person who has powder or other explosives 
in a mine shall keep the same in a wooden box 
securely locked, with hinged lid, and said box shall 


55 


be kept as far as practicable from the track; and all 
powder boxes shall be kept as far as practicable 
from each other and each in a scheduled place. Black 
powder and high explosives or caps shall not be kept 
in the same box. Detonating explosives and detona¬ 
tors shall not be kept in the same box. 

Manner of handling.] (c) Whenever a work¬ 
man is about to open a box or keg containing powder 
or other explosives, and while handling the same, he 
shall place and keep his lamp at least five feet dis¬ 
tant from said explosive, and in such position that 
the air current can not convey sparks to it, and no 
person shall approach nearer than five feet to any 
open box containing an open keg of powder or other 
explosive with a lighted lamp, lighted pipe or other 
thing containing fire. No miner, workman or other 
person shall open any receptacle containing an ex¬ 
plosive except by the means of opening the same 
provided by the manufacturer thereof, and it shall 
be unlawful for any person to have in his possession 
in any mine any receptacle containing explosive 
which has been opened in violation of this Act. 

Quantity of powder in one charge ] (d) The 

quantity of pov/der to be used in the preparation of 
1 shots shall not, in any case, exceed five (5) standard 
charges full of powder in coal seam^s five and one- 
half (5%) feet or over in thickness; and shall not, in 
any case, exceed four (4) standard charges full of 
powder in coal seams under five and one-half (5%) 
feet in thickness. 

Standard charger.] (e) For the purpose of de¬ 
termining the quantity of powder to be used in the 
preparation of any given shot, a standard charger is 
defined and prescribed to be a cylindrical metallic 
charger not to exceed twelve (12) inches in length 
and not to exceed one and one-half (li/4) inches in 
diameter. 

Dead holes.] (f) No person shall drill or shoot 
a dead hole as hereinafter defined. A “dead hole” is 




56 


a hole where the width of the shot at the point 
measured at right angles to the line of the hole is so 
great that the heel is not of sufficient strength to at 
least balance the resistance at the point. The heel 
means that part of the shot which lies outside of the 
powder. 

In solid shooting, the width of the shot at the 
point, in seams of coal six (6) feet or less in height, 
shall not be greater than the height of the coal and 
in seamis of coal more than six (6) feet in thickness, 
the width of the shot at the point shall, in no case, 
be more than six (6) feet. 

In undercut coal, no hole shall be drilled “on 
the solid” for any part of its length. 

Mixed shots.] (g) In no case shall more than 
one kind of explosive be used in the same drill hole. 

Copper tools.] (h) The needle used in preparing 
a blast shall be made of copper, and any metallic 
tamping-bar or scraper which is used for placing ex¬ 
plosives for shots shall be tipped with at least five 
inches of copper. A scraper shall not be used for 
tamping. 

Tamping.] (i) Every blasting hole shall be 
tamped full from the explosive to the mouth of the 
hole, and no coal dust or any material that is in¬ 
flammable or that may create a spark, whether the 
same shall be wet or dry, shall be used for tamping. 

Use of squibs.] (j) When a squib is used to fire 
a shot it shall be unlawful to shorten or oil the 
match of the squib or to ignite it except at the end. 

Warning before firing.] (k) Before firing a 
shot, the person firing the same shall see that all per¬ 
sons are out of danger from the probable effects ofi 
such shot, and shall take measures to prevent any 
one approaching by shouting “fire” before lightings 
the same. i 

Not more than one shot at a time.] (1) Not| 
more than one shot shall be lighted at the sarnie time I 
in any working place unless the firing is done by elec-j 



57 


tricity or by fuses of such length that the interval 
between the explosions of any two shots shall be not 
less than one minute, and in no case shall any shot or 
shots be fired or lighted which are termed depending 
or dependent shots, until after the expiration of ten 
minutes from the successful firing of the relieving 
shot or shots. When successive shots are to be fired 
in any working place in which the roof is broken or 
faulty, the smoke shall be allowed to clear away and 
the roof examined and made secure between shots. 

Missed shots.] (m) No person shall return to a 
missed shot, if lighted with a squib, until ten (10) 
minutes have elapsed from the time of lighting the 
same, or, if lighted with fuse, until eight hours have 
elapsed from the time of lighting the same; and no 
person shall return to a missed ^shot when the firing 
is done by electricity unless the wires are discon¬ 
nected from the battery. 

(n) No missed shot shall be withdrawn except¬ 
ing by the use of copper-tipped or wooden tools. 

(o) Where shot firers are employed and fuse is 
used to fire shots, the length of the fuse shall be not 
less than three and one-half (31/4) feet outside the 
powder, and no shots shall be fired unless there is 
one foot of fuse protruding from the mouth of the 
hole. 

Duty of Mine! Manager. 

§ 20. (a) It shall be the duty of the mine 

manager: 

1. To visit each working place in the mine at 
least once in two weeks. 

2. To provide a suitable checking system whereby 
ihe entrance into and departure from the mine of 
• each employee shall be indicated. 

S 3. To have the underground workings of the 
*mine examined by a certificated mine examiner 
within eight hours preceding every day upon which 
the mine is to be operated, except in mines gen¬ 
erating gas in dangerous quantities the examina- 


58 


rhall °be made^ withm six h” generated 

upon ^^Uch day 

mine examiner shall maL ?h» “Perated: Such a 

Vided In this Act, and he shall entPr‘h‘"^‘‘°" ’‘® 

Of with indelibie pencil or iov report there- 

properly protected ®loose leaf hLl" 
purpose, before the n?en are permiUeTf'* 
mine in the morning Tni! fo enter tht 

some convenient place on ton hm " 

room, for the information nf'^’hp ^ ®“guV 

persons interestedThere^i ‘“^Paetor and oth| ! 

morning” and™if”the” “‘”t.®^aminer’s report in til 

dangerous, he shall withholTfhe^'^T® '■®P“''t<^ 

men working in such nmi° ^ “-I ?“funce checks 4 
proper precaution to qu • he has taken evej 

and"inst“ of the dang| 

the reported dancer has been Places untf 

purpose Of removing same ’ f”" “5 

the miiTe’manager shall requrr?'tL^’'‘P oo*! 

such night shift are expected i whic 

for gas, or falls Tr dangeroo'’ examin< 

charge of such night shfft or%!^?>i^’ Person :: 

duly authorized by him beforTTh/'''''^^^^ 
places for work. Thrnifht ruif 
mine while the night examLei s ?i‘whf 
cepting in mines where mar^b Li\ 
m dangerous quantities nrovid^ff detects 

the working places untn ^ 
is made. ^ required examinatic,,^ 

Certificated mine examiners shall nr^f ° 

for the examination preceding ^ u * 

cepting in mines where m^h ^L"'® a 
dangerous quantities. The nieht^ detected 1 
annners, shall make a record of tn? "®’’’ 
in a special book kept for tbot * examinatiai] 
Kept tor that purpose, which shall 



59 


be kept in some convenient place on top when not in 
iuse by the examiner. 

6. He shall provide a sufficient number of props, 
caps and timbers, when demanded, delivered on the 
miners’ cars at the usual place, in suitable lengths 
'and dimensions for the securing of the roof by the 
* liners. 

^ 7. He shall see that the cross-cuts are made at 

' roper distances apart, and that the necessary doors, 
^urtains, and brattices are provided to secure the 
len in the mine the volume of air required by this 
^ct, or by the written demands of the mine in¬ 
spector; also, that all stoppings along air-ways are 
®roperly and promptly built. 

^ 8. He shall keep careful watch over all venti- 

Fiting apparatus, and the air currents in the mine, 
^nd in case of accident to fan or machinery by 
“ffiich the air currents are stopped or materially ob- 
. tructed, he shall at once order the withdrawal of 
j^he men from the mine and prohibit their return 
ntil the required ventilation has been re-established. 

9. He shall measure the air current or cause the 
I ime to be measured at least once each week at the 
'^ilet and outlet, also at the last open cross-cut in 
i^ach division or split, and shall keep a record of 

“ach measurements for the information of the mine 
Iispector. 

10. He or his assistants shall, at least once a 
r/eek, examine the escapement shaft and the road¬ 
ways leading thereto and all other openings for the 

Ittfe exit of men to the surface; and shall make a 
ecord of any obstructions or other unsafe conditions 
f;xisting therein, and cause the same to be promptly 
amoved. 

] 11. He shall examine or designate a competent 

Uerson to examine the hoisting ropes, cages and 
Vifety catches every morning, and shall require the 
topes to be tested by hoisting the cages before the 
I men "are lowered. 







60 


12. He must see that the top man and bottom j 
man are on duty and that sufficient lights are main¬ 
tained at the top and bottom landings when the , 
miners are being hoisted and low^ered. 

13. The mine manager or his assistant shall be 

at his post at the mine when the men are lowered 
into the mine in the morning for work, and shall 
remain at night until all the men employed during: 
the day shall have been hoisted out. j 

14. He shall give special attention to and in¬ 
structions concerning the proper storage and hanri- 
ling of explosives in the mines. 

15. He shall see that all dusty haulage roads ar '3 
regularly and thoroughly sprayed, sprinkled of| 
cleaned at regular intervals when the health ancH 
safety of the men in the mines demand. 

(b) The mine manager shall have power: I' 

1. To instruct e'lployees as to their respectivj^ 

duties and to require of all employees obedience t % 
the provisions of the mining law. M 

2. To prescribe special rules concerning tl V 

proper storage and handling of explosives in tl If 
mine and concerning the time and manner of placin^^ 
and discharging the blasting shots, and it shall bV^ 
unlawful for any miner to fire shots except accord^, 
ing to such rules. Y 

3. In mines in which the w^orks are so extensive 
that all the duties devolving upon the mine manager' 
cannot be discharged by one man, competent per¬ 
sons may be designated and appointed as assistants 
to the mine manager, who shall exercise his func¬ 
tions under the mine manager’s instructions. 

Mine Examiners' Duties. 

§ 21. (a) A certificated mine examiner shall be 
required at all coal mines. There shall be one or 
more additional certificated mine examiners when¬ 
ever required in writing by State mine inspectors 





61 


when the conditions are such as to make the employ¬ 
ment of such additional mine examiners necessary. 

(b) It shall be the duty of the mine examiner: 

1. To examine the underground workings of the 
mine within eight hours preceding the time the day 
shift goes on duty, every day upon which the mine 
is to be operated, excepting in mines generating gas 
in dangerous quantities the examination of that 
split of air in which gas is generated shall be made 
within six hours preceding every day upon which 
the mine is to be operated, and excepting that when 
in the judgment of the State Mine Inspector ex¬ 
pressed in writing to the coal operator, a mine gen¬ 
erates explosive gas in dangerous quantities, a State 
Mine Inspector shall require the mine to be examined 
for gas in such manner and at such shorter intervals 
than six hours before the time the day shift goes on 

..duty every day upon which the mine is to be operat¬ 
ed, as may be necessary to insure the safety of the 
men working in such mine. In all mines w'here 
P'l closed electric lamps are used exclusively, said mines 
/ shall be examined within four hours preceding the 
time the day shift goes on duty. 

2. When in the performance of his duties, to 
carry with him a safety lamp in proper order and 
condition and a rod or bar for sounding the roof. 

3. To see that the air current is traveling in its 
proper course and in proper quantity; and to meas¬ 
ure with an anemometer the amount of air passing 
in the last cross-cut or break-through of each pair 
of enteries, or in the last room of each division in 
long-wall mines, and at all other points where he 
may deem it necessary; and to note the result of such 
measurements in the mine examiner’s book kept for 
that purpose. 

4. To inspect all places where men are required 
in the performance of their duties to pass or to work, 

jand to observe whether there are any recent falls or 
Idangerous roof or accumulations of gas or danger- 


62 


ous conditions in rooms or roadways; and to examine 
especially all roadways leading to escapement shafts 
or other openings for the safe exit of men to the 
surface, the edges and accessible parts of recent falls 
and old gobs and air-courses. 

5. As evidence of his examination of said rooms 
and roadways, to inscribe in some suitable place on 
the walls of each, not on the face of the coal, with 
chalk, the month and the day of the month of his 
visit. 

6. When working places are discovered in which; 

there are recent falls or dangerous roof or dangerous' 
conditions, to place a conspicuous mark or sign 
thereat as notice to all men to keep out; and in case 
of accumulation of gas, to place at least two con¬ 
spicuous obstructions across the roadway not less 
than twenty feet apart, one of which shall be outside 
the last open cross-cut. i 

7. Upon completing his examination, to make a 

daily record of the same in a book kept for that pur¬ 
pose, for the information of the company, the in¬ 
spector and all other persons interested; and thisi 
record shall be made each morning before the miners f 
are permitted to enter the mine. i 

8. To take into his possession the entrance! 

checks of all men whose working places have been 
shown by his examination and record to be danger¬ 
ous, and to give such entrance checks to the mine 
manager before the men are permitted to enter the 
mine in the morning. j 

Duty of Hoisting Engineer. 

§ 22. It shall be the duty of the hoisting engi¬ 
neer: 

1. To be in constant attendance at his engine or 
boilers at all times when there are workmen under¬ 
ground. Whenever it is the duty of the engineer to 
attend to the boilers, means for signaling from th^ 
shaft bottom to the boiler-room shall be provided. 








63 


2. He shall not permit any one except persons 
duly authorized to enter the engine-room, and he 
shall hold no communication with any officer of the 
company or other person while the engine is in 
motion or while his attention is occupied with the 
signals. 

3. The engineer or some other properly author¬ 
ized employee shall: 

(a) Keep a careful watch over the engine, boil¬ 
ers, pumps, ropes and winding apparatus under his 
jurisdiction. 

(b) See that the boilers under his care are prop¬ 
erly supplied with water, cleaned and inspected at 
frequent intervals. 

(c) See that the steam pressure does not exceed 
the limit established by the boiler inspector, and fre¬ 
quently try the try cocks and the safety valves and 
shall not increase th^e weights on the same. 

(d) See that the steam and water gauges are 
kept in good order, and if any of the pumps, valves 
or gauges become deranged or fail to act, promptly 
report the fact to the proper authority. 

^ 4. He shall thoroughly understand the estab¬ 

lished code of signals, and when he has the signal 
that men are on the cage, he must operate his engine 
at not to exceed the rate of speed permitted by this 
Act. 

5. He shall permit no one to handle, except in 
1 the discharge of duty, or meddle with any machinery 
' under his charge or suffer any one who is not a 
certified engineer to operate his engine except for the 
purpose of learning to operate it, and then only in 
the presence of the engineer in charge and when 
men are not on the cage. 

Special Rules. 

§ 23. (a) It shall be unlawful for any person 
knowingly or negligently: 

1. To injure or tamper with any appliance or 
machinery. 


64 


2. To carry an open light, pipe or fire in any 
form into any place worked by the light of safety 
lamps, or within five feet of an open package of 
explosive. 

3. To open any locked safety lamp without per¬ 
mission from the proper authority. 

4. To handle or disturb any part of the hoisting * 
machinery without proper authority. 

5. To obstruct or cause any obstruction in any 

air current or to leave open any door or other means 
provided to control the air current or to perform 
any act that will interfere with the ventilating cur- ' 
rent of the mine -without permission to do the same 
from the mine manager. p 

6. To deface, pull down or destroy any notice ( 
board, danger signal, special rule or record book. ' 

(b) No person shall be permitted to or shall; 

enter, work in or about a mine or mine buildings, 
tracks or machinery connected therewith while under | 
the influence of intoxicants. | 

(c) Every miner shall sound and thoroughly ex-| 
amine the roof of his working place before com-| 
mencing work, and if he finds loose rock or other i 
dangerous conditions, he shall not work in such f, 
dangerous place except to make such dangerousl j 
conditions safe. It shall be the duty of the miner to!i 
properly prop and secure his place for his own safety f 
with materials provided therefor. 

(d) It shall be the duty of every operator to poster 

at some conspicuous point at the entrance to the - 
mine, in such manner that the employees of the mine>' 
can read them, rules not inconsistent with this Act,! i 
plainly printed in the English language, which shallUj 
govern all persons working in the mine. And the(i 
posting of such notice, as provided, shall charge allp 
employees of such mine with legal notice of the con¬ 
tents thereof. j ! 

(e) It shall be unlawful for any person to dis- i 
obey any order given in pursuance of this Act, or tc^ ; 





65 


enter any place against a danger signal without per¬ 
mission from the mine manager, or to do any willful 
act whereby the lives or health of persons working 
in mines or the security of the mine or the machinery 
thereof are endangered. 

(f) No mine employee shall enter or leave a 
mine without indicating the fact of entering or leav¬ 
ing said mine by some suitable checking system pro¬ 
vided by and under the control of the mine manager. 

(g) No person, except the person necessary to 
operate the trip or car, shall ride on any loaded car 
or on the outside of any car, or get on or off a car 
while in motion. 

(h) It shall be unlawful to change, exchange, 
substitute, alter or remove any number or check or 
other device or sign used to indicate or identify the 
person or persons to whom credit or pay is due for 
the mining of coal in any car or appliance containing 
the same, with intent to cheat or defraud any other 
person of the value of his services for mining the coal 
contained in such car or appliance, and it shall be 
unlawful for a person with intent to cheat or de¬ 
fraud any other to place any number, check or othe 
device or sign upon any car or other appliance loaded 
by any other person in or about the mine. Any 
violation of this provisiou shall be deemed a lar 
ceny, and upon conviction thereof shall be punishable 
as provided in the general statutes of Illinois with 
respect to larceny. 

Ten-foot Limit, Abandoned Workings. 

§ 24. (a) In no case shall the workings of any 
mine be driven nearer than 10 feet to the boundary 
line of the coal right pertaining to said mine, except 
for the purpose of establishing an underground 
communication between contiguous mines, as pro¬ 
vided for elsewhere in this Act, or except by mutual 
agreement in writing between the adjoining owners. 


66 


Approaching ABANDONED workings.] (b) When¬ 
ever any working place approaches within 50 feet of 
abandoned workings of which there is a map pre¬ 
pared as required by law and which may contain 
dangerous accumulations of water or of gas, the 
operator of said mine shall advance by workings not 
more than 20 feet wide and maintain in advance of 
the face a bore hole not less than 10 feet in depth, 
located in the center of the coal seam and working 
face, and one hole in each rib of the working place 
10 feet in depth, which side holes shall be drilled so 
as to make an angle of not less than forty-five de¬ 
grees with the direction of the rib. If there is not 
a map of the abandoned workings, the holes hereto¬ 
fore provided for shall be drilled when the new 
workings are within 100 feet of where the old work¬ 
ings are supposed to be. In mines where electric 
safety lamps are used working places being driven 
within a distance of 75 feet from the old and aband¬ 
oned workings shall be examined by a competent 
person after the machine has cut the place and be¬ 
fore the miners are allowed to enter the place. 

Duty of Inspector, Coroner’s Inquest, Investigation. 

§ 25. (a) Any loss of life or personal injury in 
or about any coal mine shall be reported without 
delay by the person having charge of said mine to 
the State mine inspector of the district in which the 
mine is located, and the said inspector, in case of in¬ 
jury, if he deem necessary from the facts reported, 
and in all cases of loss of life, shall go immediately 
to the scene of said accident and render every pos¬ 
sible assistance to those in need. 

Every operator of a coal mine shall make or 
cause to be made and preserve for the information of 
the State mine inspector, upon uniform blanks 
furnished by said inspector, a record of all deaths 
and all injuries sustained by any of his employees in 
the pursuance of their regular occupations. 


67 


Coroners' inquest.] (b) If any person is killed 
in or about a mine, the operator shall also notify the 
coroner of the county, or in his absence or inability 
to act, any justice of the peace of said county, who 
shall hold an inquest concerning the cause of such 
death. The State mine inspector may question or 
cross-question any witness testifying at the inquest. 

Investigation by inspectors.] (c) The State 
mine inspector shall make a personal investigation 
as to the nature and cause of all serious accidents in 
mines under his supervision. He shall make a record 
of the circumstances attending the same, as de¬ 
veloped by the coroner’s inquest and by his own per¬ 
sonal investigation, which record shall be preserved 
in the files of his office, and a copy thereof filed with 
the State Mining Board within thirty days from the 
conclusion of such investigation, and such report 
shall thereupon become part of the records of such 
board. To enable him to make such investigation 
he shall have power to compel the attendance of wit¬ 
nesses and to administer oaths or affirmations to 
them, and the cost of such investigations shall be 
paid by the county in which such accident has oc¬ 
curred. 

Any person having charge or custody of. the 
records, files, documents, reports and proceedings of 
the State Mining Board provided to be made, filed or 
kept upder the provisions of the laws of Illinois, in 
case of serious accident shall furnish to any person 
or persons interested, a certified copy thereof upon 
application, and upon the payment or tender of fees 
at such rates as are now paid in this State to the 
clerks of circuit courts in counties of the second class 
for certified copies of records, and refusal to furnish 
such copies shall constitute a misdemeanor. 

Stretchers and Blankets. 

§ 26. At every mine, it shall be the duty of the 
operator thereof to keep always on hand, and at some 


68 


readily accessible place, a properly constructed 
stretcher, a woolen and waterproof blanket, and a 
roll of bandages in good condition and ready for im¬ 
mediate use for binding, covering and carrying any 
one who may be injured at the mine. When 100 or 
more men are employed at any mine, two stretchers 
and two woolen and two waterproof blankets, vdth a 
corresponding number of bandages, shall be provided 
and kept on hand. At mines where fire damp is gen¬ 
erated, there shall also be provided and kept in store 
a suitable supply of linseed or olive oil, for use in 
case where men are burned by an explosion. 

Scales, Weighman and Chech Weighman. 

§ 27. (a) The operator of every coal mine where 
miners are paid by the weight of their output, shall 
provide at such mine suitable and accurate scales for 
the weighing of such coal, and a correct record shall 
be kept of all coal so weighed, and said record shall 
be open at all reasonable hours to the inspection of 
miners and others interested in the product of said 
mine. The operator shall provide at such mine not 
less than one thousand (1,000) pounds of United 
States Standard weights. 

Weighman.] (b)^ The person authorized to 
weigh the coal and keep the record as aforesaid shall 
be a citizen of the United States, and shall, before en¬ 
tering upon his duties, make and subscribe to an 
oath before some person duly authorized to admin¬ 
ister oaths, that he will accurately weigh and care¬ 
fully keep a true record of all coal weighed, and 
such affidavit shall be kept conspicuously posted at 
the place of weighing. 

Check weighman.] (c) The miners at work in 
any coal mine may employ a check weighman at 
their option and at their own expense, whose duty it 
shall be to balance the scales and see that the coal 
is properly weighed, and that a correct account of 
the same is kept, and for this purpose he shall have 


69 


access at all times to the beam box of said scales, 
and be afforded every facility for verifying the 
weights while the weighing is being done. The 
check weighman so employed by the miners shall be 
a citizen of the United States, and, before entering 
upon his duties, shall make and subscribe to an oath 
before some person duly authorized to administer 
oaths, that he will faithfully discharge his duties 
as check weighman, and such oath shall be kept 
conspicuously posted at the place of weighing. 

Boys and Women. 

§ 28. No boy under the age of sixteen years, and 
no woman or girl of any age, shall be permitted to , 
do any manual labor in or about any mine, and be¬ 
fore any boy can be permitted to work in any mine he 
must produce to the mine manager or operator • 
thereof an affidavit from his parent or guardian or 
next of kin, sworn and subscribed to before a justice 
of the peace, or notary public, that he, the said boy, 
is sixteen years of age. 

The parent, guardian or next of kin shall submit 
in connection with said affidavit, a certificate of birth, 
i a baptismal certificate, a passport or other official or 
religious record of the boy’s age or duly attested 
thanscript thereof, which certificate or transcript 
1 thereof shall, for the purpose of this Act, establish 
the age of said boy. 

Any person swearing falsely in regard to the age 
of a boy shall be guilty of perjury, and shall be pun¬ 
ished as provided in the general statutes of the state 
pertaining to perjury. 

Violations, Penalties. 

§ 29. (a) Any willful neglect, refusal or failure 
to do the things required to be done by any section, 
clause or provision of this Act, on the part of the 
person or persons herein required to do them, or any 
violation of any of the provisions or requirements 



70 


hereof, or any attempt to obstruct or interfere with 
any inspector or person in the discharge of the 
duties herein imposed upon him, or any refusal to 
comply with the instructions of an inspector or per¬ 
son given by authority of this Act shall be deemed a 
misdemeanor punishable by a fine not exceeding five 
hundred dollars, or by imprisonment in the county 
jail for a period not exceeding six months, or both, 
at the discretion of the court: Provided, that in ad¬ 
dition to the above penalties, in case of the failure of 
any operator to comply with the provisions of this 
Act in relation to the sinking of escapement shafts 
and the ventilation of mines, the State’s attorney 
for the county in which such failure occurs, or any 
other attorney, in case of his neglect to act promptly, 
shall proceed against such operator by injunction 
•without bond, to restrain him from continuing to 
operate such mine until all legal requirements shall 
have been fully complied with. 

fb) Any inspector who shall discover that any 
section of this Act, or part thereof, is being neglected 
or violated, shall order immediate compliance there¬ 
with, and, in case of continued failure to comply, 
shall have power to stop the operation of the mine, 
or to remove any offending person or persons from 
the mine until the law is complied with. 

(c) For any injury to person or property, oc¬ 
casioned by any willful violation of this Act, or will¬ 
ful failure to comply with any of its provisions, a 
right of action shall accrue to the party injured, for 
any direct damages sustained thereby; and in case of 
loss of life by reason of such willful violation or will¬ 
ful failure as aforesaid, a right of action shall accrue 
to the personal representatives of the person so killed 
for the exclusive benefit of the widow and next of 
kin of such person and to any other person or per¬ 
sons who were, before such loss of life, dependent for 
support on the person or persons so killed, for a like 
recovery of damages for the injuries sustained by 


71 


reason of such loss of life or lives not to exceed the 
sum of ten thousand dollars: Provided, that every 
such action for damages in case of death shall be 
commenced within one year after the death of such 
person: And, 'provided, further, that the amount re¬ 
covered by the personal representative of the person 
so killed shall be distributed to the widow and next of 
kin of such person in the proportion provided by law 
in relation to the distribution of personal property 
left by persons dying intestate: Provided, that if 
and whenever there shall be in force in this State, a 
statute or statutes providing for compensation to 
workmen for all injuries received in the course of 
their employment, the provisions thereof shall apply 
in lieu of the right of action for damages provided 
in this Act. 

Definitions. 

§ 30. (a) Where used in this Act, the words 
“mine” and “coal mine” are intended to signify any 
and all parts of the property of a mining plant, on 
the surface or underground, which contribute, di¬ 
rectly or indirectly, under one management, to the 
mining or handling of coal. 

Excavation or -workings.] (b) The words “ex¬ 
cavation” and “workings” signify any or all parts of 
a mine excavated or being excavated, including 
shafts, slopes, tunnels, entries, rooms and working 
place, whether abandoned or in use. 

Shaft.] (c) The term “shaft” means any verti¬ 
cal opening through the strata wdiich is or may be 
used for purposes of ventilation or escapement, or 
for the hoisting or lowering of men and material in 
connection with the mining of coal. 

Slope.] (d) The term “slope” means any in¬ 
clined way in or to a seam of coal to be used for the 
same purposes as a shaft. 

Drift.] (e) The term “drift” means any prac¬ 
tically horizontal way in or to a seam of coal to be 
used for the same purpose as a shaft. 




72 


Opekator.] (f) The term “operator” as applied 
to the party in control of a mine in this Act, signi¬ 
fies the person, firm or body corporate who is the 
immediate proprietor as owner or lessee of the plant, 
and, as such, responsible for the condition and man¬ 
agement thereof. 

Mine manager.] (g) The “mine manager” is the 
person who is charged with the general direction of 
the underground work. 

Mine examiner.] (h) The “mine examiner” is 
the person charged with the examination of the un¬ 
derground workings of the mine before the miners 
are permitted to enter it in the morning. 

Repeal. 

• § 31. That an Act entitled, “An Act to revise the 
laws in relation to coal mines and subjects relating 
thereto, and providing for the health and safety of 
persons employed therein,” approved April 18, 1899, 
and in force July 1, 1899, wnth amendments to July 
1, 1919; also 

An act entitled, “An Act to prohibit the use of 
certain oils in coal mines and penalties for infraction 
of same,” approved April 30, 1895, in force July 1, 
1895; also 

An Act entitled, “An Act concerning the use of 
powder in coal mines,” approved and in force May* 
14, 1903, as amended by an Act approved May 24, 
1907, in force July 1, 1907; also 

An Act entitled, “An Act to provide for the 
weighing of coal at the mines, and to repeal a cer¬ 
tain Act therein named,” approved June 17, 1887, in 
force July 1, 1887, be and each of said Acts is hereby 
repealed. 


73 


EMINENT DOMAIN. 


An Act to I'evise the law in relation to mines. Ap- 
jjroved March 24, IHI'4, in force July 1, 1874. 

Eminent Domain, Road or Railroad. 

Section 1. Be it enacted hy the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That whenever any mine or mining place shall 
be so situated that it cannot be conveniently worked 
without a road or railroad thereto, or ditch to drain 
the same or to convey water thereto, and such road, 
railroad or ditch shall necessarily pass over, through 
or under other land owned or occupied by others, the 
owner or operator of any such mine or mining place 
may enter upon such lands, and construct such road, 
railroad or ditch, upon complying with the law in re¬ 
lation to the exercise of the right of eminent do¬ 
main. 

And the commissioners of highways of any 
county under tov/nship organization, and the county 
board in counties not under township organization, 
may, when the public good requires, cause to be laid 
out and opened public highways, or private roads or 
cartways, from any coal mine to a public highway or 
to a railway, as the public good may require, in the 
same way as now or may hereafter be provided by 
law for the laying out and opening of public high¬ 
ways or private roads or cartways, and may permit 
the owner, lessee or operator of any coal mine to lay 
down and operate a horse or dummy railway thereon, 
or upon any highway or private road or cartway 
now or hereafter laid out and opened for public or 
public and private use, but always in such a manner 
and way, and upon such place thereon, as to not un¬ 
necessarily interfere with ordinary public travel. 



74 


Trespass, Surveyor. 

§ 2. If the owner of any land adjacent to any 
lands worked as lead, coal, iron or other mine, shall 
make complaint, in writing, verified by affidavit, to 
the judge of any court of record in the county where 
the land is situated, that he has reasonable grounds 
to believe, and does believe, that the owner or opera¬ 
tor of such mine is trespassing upon his lands by 
mining thereon, it shall be the duty of the judge to 
appoint some county surveyor or other competent 
and suitable person to descend into such mine, and 
make such examinations and surveys as may be 
necessary to ascertain whether the same is being 
worked upon the land of the person making the com¬ 
plaint. 

Surveyor, Powers, Penalty. 

§ 3. The person so appointed shall have the 
right, at all reasonable times, to descend into such 
mine and make such examinations and surveys; and 
whoever shall willfully obstruct or hinder such per¬ 
son from entering into any such mine,^or any gallery 
or place therein, or from making any such examina¬ 
tion or seurvey, shall, for each offense, be fined not 
exceeding $200, to be recovered before any justice of 
the peace of the county. Any person accepting any 
such appointment, and failing or refusing to make 
such survey upon the request of the petitioner, may 
be proceeded against as for a contempt of court, or 
he may be fined not exceeding $500. 

Examination, Expenses. 

§ 4. The expense of such examination and survey 
shall be paid by the person making the complaint, 
but if such person shall recover damages against the 
owner or operator of such mine for working the same 
upon his land, he shall have the right to have such 
expense added to the damages. 


75 


■■' 


Trespass, Penalty. 

§ 5. Whoever shall willfully trespass upon the 
land of another by mining thereon, shall, in addition 
to the damages now authorized by law be liable to a 
penalty not to exceed $500, which may be recovered 
in an action of debt by the owner thereof, in any 
court of competent jurisdiction. 

Mining Rights, Conveyance. 

§ 6. Any mining rights, or the right to dig for or 
obtain iron, lead, copper, coal, or other mineral from 
land, may be conveyed by deed or lease, which may 
be acknowledged and recorded in the same manner 
and with like effect as deeds and leases of real es¬ 
tate. 

Minmg Rights^, Taxation. 

§ 7. When the owner of any land shall convey, by 
deed or lease, any mining right therein, such convey¬ 
ance shall be considered as so separating such right 
from the land that the same shall be taxable sepa¬ 
rately, and any sale of the land for any tax or as¬ 
sessment shall not include or affect such mining 
right. 

Lead Mineral, Record. 

§ 8. Every person purchasing lead mineral shall 
keep a book, in which he shall keep an account of all 
lead mineral purchased by him, stating clearly the 
amount, from whom and time when purchased, and 
the place where it was dug; and for the purpose of 
ascertaining such facts, he shall make diligent in¬ 
quiry of the person offering such mineral for sale, 
and if satisfactory answers are not given, it shall 
not be lawful for him to buy the same. 

Lead Mineral, Record, Ins'pection. 

§ 9. Such purchaser shall keep such book at his 
usual place of business, open at all reasonable times 


76 


for the inspection of miners, owners of mineral 
lands, and smelters of lead ore. 

Lead Mineral, Purchaser, Statement. 

§ 10. When any such purchaser has not a usual 
place of business, he shall, within twenty-four hours 
from the time of making any such purchase, make 
return to the nearest smelter of lead ore to the place 
of procuring the same, stating the amount thereof, 
when, of whom and where purchased, and from what 
place the same was dug or taken; and such smelter 
shall minute the same in his book, to be kept pursu¬ 
ant to this Act. 

Lead Mineral, Purchase. 

§ 11. No person shall be allowed to purchase lead 
mineral from any child under twelve years of age. 
Lead Mineral, Purchase, Penalties. 

§ 12. Any person who shall purchase lead min¬ 
eral without keeping the book or making the entries 
or returns as herein provided, or shall refuse to allow 
their inspection as herein provided, shall forfeit for 
each offense the sum of $25; and whoever violates 
any of the other provisions of the four preceding sec¬ 
tions, shall forfeit for the first offense the sum of $5 
and costs, and for every subsequent offense $10 and 
costs—one-half to the informer, and the other halfj 
to the school fund of the school district where the ' 
suit is brought. Said penalties shall be recoverable 
by action of debt before any justice of the peace of 
the county where the offense is committed. 

WAGES OP MINERS AND LABORERS AT COAL 
MINES LIEN ON ALL PROPERTY. 

An Act to protect lal)orers and miners for labor pe7'- 

formed in developing and ivorking in coal mines. 

Approved June 21, 1895 in force July 1, 1895. 
Wages, Lien. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem- 


77 


yiy: That every laborer or miner who shall perform 
labor in opening and developing any coal mine, in¬ 
cluding sinking shafts, constructing slopes or drifts, 
mining coal and the like, shall have a lien upon all 
the property of the person, firm or corporation own¬ 
ing, constructing or operating such mine, used in the 
construction or operation thereof, including real es¬ 
tate, buildings, engines, cars, mules, scales and all 
other personal property, for the value of such labor 
for the full amount thereof, upon the same terms, 
with the same rights and to be secured and enforced 
as mechanics’ liens are secured and enforced. 

MINERS TO BE PAID IN LAWFUL MONEY FOR 
ALL COAL MINED. 

An Act to provide 'for the payment of coal miners for 
all coal mined hy them, and providing additional 
duties for mine inspectors. Approved June 3, 
J897, in force July 1, 1897. 

Wages, Payment. 

Section 1. Be it enacted hy the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That every person engaged in mining coal for 
any corporation, company, firm or individual, shall 
be paid in lawful money of the United States for all 
coal mined and loaded into the min[ing] car by such 
person for such corporation, company, firm or indi¬ 
vidual, including lump, egg, nut, pea and slack, or 
such other grades as said coal may be divided into, 
at such price as may be agreed upon by the respective 
parties. 

Investigation and Proseciition. 

§ 2. It shall be the duty of the mine inspector to 
ascertain whether or not the provisions of section 1 
of this Act are being complied with in his district, 
and if he shall find that any corporation, company, 
firm or individual are violating the provisions of sec- 


78 


tion 1 of this Act, it shall be his duty to at once have 
instituted suit in the name of the People of the State 
of Illinois, in some court of competent jurisdiction, 
for the recovery of the penalty provided for in this 
Act, and it shall be the duty of the State’s Attorney 
of the county in which such suit is brought, when 
notified by the mine inspector, to prosecute such Suit, 
as provided by law in other State cases. 

Violation, Penalty. 

§ 3. Every corporation, company, firm or indi¬ 
vidual violating the provisions of this Act shall be 
fined not less than $25.00 nor more than $200 for each 
offense. 


SHOT FIRERS IN COAL MINES. 

An Act to amend an Act entitled, “An Act providing 
that operators of mines shall furnish shot firers 
in mines lohere shooting and Masting is done, 
approved Mcuij 18, 1905, in force July 1, 1905:* 
Aiiproved May 20, 1907, in force July 1, 1907. 
Approved and in force July 1, 1921. 

Section 1. Be it enacted Oy the People of the 
State of Illinois, rejyresented in the General Assem- 
My: That an Act entitled, “An Act providing that 
operators of mines shall furnish shot firers in mines 
where shooting and blasting is done,” approved May 
18, 1905, in force July 1, 1905, be and the same is 
amended to read as follows: 

Shot Firers, Citizens. 

§ 2. In all mines in this State where co^i\ is 
blasted, and where more than two pounds of powder 
is used for any one blast; and, also in all mines in 
this State where gas is generated in dangerous quan¬ 
tities, a sufficient number of practical, experienced 
miners, who shall be citizens of the United States and 
able to speak and understand the English language 
to be designated as shot firers, shall be employed by 


79 


the company, at its expense, whose duty it shall be 
to inspect and do all the firing of all blasts, prepared 
in a practical, workmanlike manner in said mine or 
mines. (Amended by Act approved June 27, 1913, 
in force July 1, 1913. Amended by Act approved and 
in force July 1, 1921. 

Shot Fired, Notice, Record 

§ 3. The shot firers shall, immediately after the 
completion of their work, post a notice in a con¬ 
spicuous place at the mine, in which shall be indi¬ 
cated the number of shots fired; also the number of 
shots they did not fire, if any, specifying the number 
of the room and designation of the entry, and giving 
reasons for not firing the same. In addition they 
shall also keep a daily permanent record, in which 
shall be entered the number of shots or blasts fired, 
the number of shots or blasts failing to explode, and 
the number of shots or blasts that in their judgment 
were not properly prepared and which they refused 
to fire, giving reasons for same; the record to be in 
the custody of the mine manager and to be available 
for inspection at all times by parties interested. 

Blasting. 

§ 4. The superintendent or mine manager shall 
not permit the shot firers to do any blasting, explod¬ 
ing of shots, or do any firing whatever until each 
and every miner and employee is out of the mine ex¬ 
cept the shot firers, mine superintendent, mine man¬ 
ager and man or men necessarily engaged in charge 
of the pumps and stables: Provided, however, that 
nothing in this section shall be construed to prohibit 
the employment in such mine of a reasonably neces¬ 
sary number of men during such time for the purpose 
of securing the workings in case of fire therein. 

Brill Holes, Alteration. 

§ 5. No miner or other person shall alter or 
change any drill hole, by increasing its depth, diam- 


80 


eter or otherwise, after the same shall have been 
approved by the shot firer. 

Unlawful Shots. 

§ 6. No shot firer, whether voluntarily, or by 
command or request of any person, shall fire any 
unlawful shot, or any shot which in his judgment, 
exercised, as aforesaid, from his inspection thereof, 
made as aforesaid, shall not be a workmanlike, 
proper and practical shot. 

Unlawful Shot, Ordering. 

' § 7. No person or persons shall order, command 
or induce by threat or otherwise, any shot firer to 
fire any unlawful shot, or any shot which in his 
judgment, after due inspection, shall not be a work¬ 
man-like, proper and practical shot. 

No person shall drill or shoot a dead hole as 
hereinafter defined. A “dead hole” is a hole where 
the width of the shot at the point measured at 
right angles to the line of the hole is so great that 
the heel is not of sufficient strength to at least bal¬ 
ance the resistance at the point. The heel means 
that part of the shot which lies outside of the 
powder. 

Violations, Penalty. 

§ 8: Any willful neglect, refusal or failure to do 
the things required to be done by any section, clause 
or provision of this Act on the part of the person or 
persons herein required to do them, or any violation 
of any of the provisions or requirements thereof, or 
any attempt to obstruct or interfere with any person 
in the discharge of the duties herein imposed upon 
them, or any refusal to comply with the provisions 
of this Act, shall be deemed a misdemeanor, punish¬ 
able by a fine not less than one hundred dollars and 
not to exceed two hundred dollars, or by imprison¬ 
ment in the county jail for a period not exceeding 


81 


three months, or both, at the discretion of the court: 
Pr'ovided, that whoever shall discover that any sec¬ 
tion of this Act, or part thereof, is being neglected or 
violated shall report the same to the superintendent 
of the mines and ask immediate compliance there¬ 
with; and in case of a continued failure to comply 
shall, through the State’s Attorney, or any other 
attorney in case of his failure to act promptly, take 
the necessary legal steps to enforce compliance here¬ 
with, through and by means of the penalties herein 
prescribed. 

FIRE FIGHTING EQUIPMENT IN COAL MINES. 

An Act to require fire fighting equipment and other 
means for the prevention and controlling of fires 
and the prevention of loss of life from fires in 
coal mines. Approved and in force March 8, 
1910. 

Fire Fighting Equipment, Requirements. 

I Section 1. Be it enacted Oy the People of the 
I State of Illinois, represented in the General Assem- 
i hly: On and after July 1, 1910, except as hereinafter 
I in section 6 of this Act is provided, the following re¬ 
quirements for fire fighting equipment and other 
j means for the prevention and controlling of fires and 
the prevention of loss of life from fires in coal mines 
shall be strictly observed by all persons, firms, corpo¬ 
rations or associations maintaining and operating a 
coal mine within the State of Illinois. 

Water Supply, Hose Connections, Automatic Sprink¬ 
ler, Water Barrels, Chemical Fire Extinguishers. 
§ 2. (a) There shall be provided a supply of 
water for fighting fire underground which shall have 
a head from a standing body in a pipe, tank or pond. 

(b) Such water supply shall be conducted into 
the mine in an iron or steel pipe or pipes not less 
than two inches in diameter, which shall have not 



less than two hose connections at the bottom of the 
hoisting shaft, and two hose connections at the bot¬ 
tom of the air and escapement shaft designated as 
such under the law, and two hose connections in 
each stable which is located less than five hundred 
(500) feet from the bottom of either of said shafts; 
and there shall be iron or steel pipes not less than 
two inches in diameter in the entries and passage¬ 
ways leading from the bottom of each of said shafts 
to such extent and such position that with one (1) 
fifty-foot length of hose the water may be carried 
into all such entries and passageways within three 
hundred (300) feet from the bottom of each of said 
shafts and into the corresponding area in slope and 
drift mines, such area to be designated in this Act as 
the fire protected area. 

(c) Provided, that in mines having one hundred 
and twenty-five (125) feet or less head at the bottom 
of the incoming supply pipe, the incoming pipes and 
the pipes having hose connections shall be not less 
than three (3) inches in diameter. The pipe in the 
mine shall have hose connections not more than fifty 
(50) feet apart beginning at the bottom of the in¬ 
coming supply pipe or pipes. 

(d) There shall be kept constantly on hand at 
the bottom of each shaft where hose connections are 
required, in condition for immediate use, not less 
than two (2) fifty (50) foot lengths of one and one- 
half (lyy) inch inside diameter linen hose or rubber 
lined cotton hose, which shall have been tested to a 
pressure of two hundred (200) pounds to the square 
inch; all of such hose and connections therefor on the 
supply pipes shall have American standard iron pipe 
threads. The nozzles on such hose shall be not less 
than three-eighths (%) nor more than five-eighths 
(%) inch in diameter. 

(e) Where any part of any passage or other 
excavation within one hundred and fifty (150) feet 
of the bottom of the hoisting shaft or the air and 


83 


escapement shaft designated as such under the law 
and in the corresponding area in slope or drift mines 
is timbered with cribbing or more than one layer of 
lagging not including caps or wedges, above the cross¬ 
bars, there shall be two lines of automatic sprinklers 
on the under side of such timebering, attached to not 
less, than one and one-half {IV 2 ) inch pipes con¬ 
nected with the fire fighting water supply, and such 
sprinklers shall not be more than ten (10) feet apart. 

(f) In cribbing or lagging as last aforesaid, 
which is more than three (3) feet in vertical thick¬ 
ness, there shall be also, as near the top thereof as 
is practicable, automatic sprinklers connected with 
the water supply as last aforesaid and there shall be 
one such sprinkler for each eight (8) feet square or 
horizontal area of such cribbing or lagging. 

(g) In every underground stable, located within 
one thousand (1,000) feet of the hoisting shaft or the 
air and escapement shaft designated as such under 
the law, there shall not be less than one (1) auto¬ 
matic water sprinkler for each area eight (8) feet 
square in said stable; such automatic sprinklers 
shall be connected with iron or steel pipes not less 
than one and one-half (1^/^) inches in diameter along 
the roof or ceiling in the stable, which shall be con¬ 
nected with the fire fighting water supply. 

(h) All automatic sprinklers shall be of the 
fusible plug type and shall not require a tempera¬ 
ture of more than one hundred and sixty-five (165) 
degrees Fahrenheit to release the water. 

(i) In all underground stables other than those 
heretofore in this Act referred to, there shall be kept 
barrels full of water and two metal pails with each 
barrel. Such barrels shall be not more than fifty 
(50) feet apart, and there shall not be less than two 
(2) barrels full of water and two (2) metal pails 
with each barrel in each entry or passageway into 
which such stable opens and not more than fifty 
(50) feet from the opening of the stable. 


84 


(j) There shall also be one (1) not less than 
two and one-half (2%) gallon chemical fire ex¬ 
tinguisher, or its equivalent, as approved by the 
Department of Mines and Minerals, and two (2) not 
less than six (6) gallon hand pump buckets in each 
stable and in each entry or passageway into which 
such stable opens not more than fifty (50) feet from 
the opening of such stable: Provided, that in mines 
employing ten (10) men or less underground, the 
chemical fire extinguishers shall not be required. 
Such chemical fire extingushers and hand-pump 
buckets shall be kept filled and ready for use. 

(k) Provided, however, that in coal mines in 
which less than ten (10) men are employed, in which 
there are no stables, in lieu of said water supply with 
pipes and hose, there may be substituted the follow¬ 
ing: There shall be kept within the fire protected 
area in each such mine, barrels full of water not more 
than fifty (50) feet apart, and with each barrel there 
shall be two metal buckets; and there shall also be 
kept within said area not less than six (6) hand- 
pump buckets of not less than six (6) gallons 
capacity, and said baskets shall be kept filled and 
ready for use. 

(l) A barrel within the meaning of this Act 
shall be any substantial vessel holding not less than 
fifty (50) gallons. 

(m) All mines shall have at least one, not less 
than two and one-half ( 21 / 2 ) gallons chemical fire 
extinguisher, or its equivalent as approved by the 
Department of Mines and Minerals, and one not less 
than six (6) gallon hand-pump bucket, including 
those hereinbefore in this Act required, for each fifty 
(50) employees in the mine with a minimum of six 
(6) extinguishers and six (6) pump buskets, kept at 
convenient places designated by the mine manager 
throughout the mine, and three (3) fire extinguish¬ 
ers of two and one-half ( 21 / 2 ) gallons each, or its 
equivalent as approved by the Department of Mines 



85 


and Minerals, in each building located within one 
hundred (100) feet of any shaft, drift or slope, and 
such extinguishers shall be recharged once every six 
months and a record made of the date of recharging 
in the mine examiner’s report book: Py'ovided, this 
does not apply to buildings constructed of fireproof 
material. Such extinguishers and buckets shall be 
kept filled and ready for use: Provided, that in 
mines employing ten (10) men or less underground, 
the chemical fire extinguishers shall not be required. 

1 D7'ainage, Water Pressure. 

§ 3. During the cold weather months the water 
pipes shall be kept drained, but the supply must be 
kept so that by opening a valve easily accessible on 
top, the water will be promptly available at all times 
in the supply pipes underground. The water pres¬ 
sure in said pipes to which hose is to be connected 
shall not be less than twenty-four (24) pounds per 
square inch, nor more than seventy (70) pounds per 
square inch at a point not less than two hundred and 
fifty (250) feet from the bottom of the shaft or the 
corresponding position in slopes and drifts; and there 
shall be a pressure gauge with dial at said point. 
When the water pressure in the pipes leading into 
the mine is higher than seventy (70) pounds per 
square inch at the pressure gauge, there shall be a 
valve on the incoming supply pipe to control the pres¬ 
sure into the branch pipes in the mine, and there 
shall be a shut-off valve on every branch pipe at the 
connection of such pipe with the pipe from which 
it leads. 

Underground Btahles; Hay, Bedding and Feed; Light. 

§ 4. (a) No underground stable, unless so con¬ 
structed as to be fireproof throughout, shall be 
nearer than six (6) yards to any regular traveling 
way, and every underground stable shall have at each 
opening a fireproof door with a door frame of con¬ 
crete, stone or brick laid in mortar. 




86 


(b) Every such stable, which contains more than, 
ten (10) stalls, shall have a cement or brick parti-i 
tion, with a fireproof door therein, for each ten (10)' 
stalls or less; or, in lieu of said partition, the stable! 
shall be lined with cement plaster or wire lathing on 
other fireproof material, where inflammable material 
is exposed. 

(c) All hay, bedding and feed underground, ex¬ 
cept that in the mangers and stalls, shall be kept in 
a closed cement, brick, stone or metal receptacle; and 
not more than forty-eight (48) hours’ supply of hay: 
or bedding shall be kept underground, and not more; 
than one week’s supply of grain. 

(d) All hay and bedding taken into the mine 

shall be baled. Hay, bedding and feed shall be taken 
into the mine only in a closed car or box, which shall; 
be kept closed until the materials are removed to the; 
receptacles provided therefor. | 

(e) No light with an unprotected flame shall be 
taken into an underground stable by any person. 

Telephone Lines, Notiee of Danger, Rules and In¬ 
structions, Fire Drill. i 

§ 5. (a) There shall be a system of party line' 
telephones w'hich shall include one telephone on the 
surface not more than two hundred (200) feet from 
the tipple, and one at the bottom of the hoisting 
shaft, or, in slope or drift mines at the first cross 
entries in operation; and, in addition thereto, there 
shall be one telephone at each inside parting. Tele¬ 
phone lines shall be constructed in a workmanlike; 
manner and shall be repaired promptly when neces¬ 
sary. 

(b) On becoming av/are of any serious danger 
requiring the inside employees to come out of the 
mine, it shall be the duty of the person having 
charge of the outside or inside telephone immediately 
to give notice of the danger to the other telephone 
stations; and it shall be the duty of all persons who 






87 


receive information thereof to cooperate in giving 
notice thereof to all other persons in the mine. It 
shall be the special duty of all drivers, motormen, 
and trip riders to notify all other drivers, motormen, 
trip riders or miners from whom they haul coal, of 
any danger requiring them to leave the mine. 

(c) Certain employees whose regular work is in 
or near the fire protected areas shall have graded 
authority and designated duties in case of fire; and 
rules and instructions therefor shall be included in 
the regular rules of the mine, and such employees 
shall be instructed therein by the mine manager. 

(d) There shall be a fire drill of such employees 
not less often than once in two weeks, and the pipes, 
connections and hose shall be tested at such drills. 

Fire-proof Construction. 

§ 6. The following requirements also shall apply 
to all coal mines developed within the State of Illi¬ 
nois after the passage of this Act: Provided, that 
paragraphs (a) and (b) shall not apply to mines 
where ten (10) men or less are employed. 

(a) The hoisting shaft and the air and escape¬ 
ment shaft designated as such under the law in shaft 
mines and the air and escapement shaft nearest the 
main opening in slope or drift mines, shall be of fire¬ 
proof construction except that cage guides may be 
wood. All drifts and slopes that are opened after the 
passage of this Act must be of fireproof construction 
for a distance of three hundred (300) feet from the 
entrance: Provided, that this section shall not apply 
to shafts in actual course of construction at the time 
this Act takes effect. 

(b) The roof and walls of the passageways lead¬ 
ing from the bottom of the hoisting shaft and the air 
and escapement shaft designated as such under the 
law, within a distance of three hundred (300) feet 
from the bottom of either of said shafts, shall be of 






88 


fireproof construction, except that the coal rib or 
pillar may be used as a wall in such passageways. 

(c) All underground stables and the openings 
therein shall be of fireproof construction. 

Stables in mines opened after the passage of this 
Act shall not be located between the main and es¬ 
capement shaft, or in direct line on the ventilating 
current or on passageways leading to the escapement 
shaft or shafts. 

(d) At mines constructed in conformity with the 
requirements of this section of this Act, the fire¬ 
fighting equipment described in section 2, and the fire 
drill described in section 5 of this Act shall not be 
required, except that there shall be kept at conven¬ 
ient places designated by the mine manager, through¬ 
out each mine, one not less than two and one-half 
(2%) gallon chemical fire extinguisher, or its equiva¬ 
lent as approved by the Department of Mines and 
Minerals, and one not less than six (6) gallon hand- 
pump busket, for each fifty (50) employees in the 
mine with a minimum of six (6) extinguishers and 
six (6) pump buckets, and such extinguishers andj 
buckets shall be kept filled and ready for’ use: 
Provided, that in mines employing ten (10) men 
or less underground, the chemical fire extinguishers 
shall not be required. 

Violatiofis, Complaints, Penalties. 

§ 7. (a) Any willful neglect, refusal or failure to 
obey the requirements or provisions of this Act, or 
willfully giving a false danger signal or tampering 
with any of the appliance required by the provisions 
of this Act. shall be deemed a misdemeanor, punish¬ 
able by a fine of not less than fifty dollars ($50) and 
not to exceed two hundred dollars ($200), or by im¬ 
prisonment in the county jail for a period not ex¬ 
ceeding three (3) months, or both, in the discretion 
of the court. 


89 


(b) Upon final conviction of any mine manager 
or any miner, under the provisions of this Act, his 
certificate of competency shall be thereby invali¬ 
dated; and it shall be the duty of the State Mining 
Board in the case of a mine manager or the miner’s 
examining board which shall have issued such certi¬ 
ficate in the case of a miner, to cancel and revoke 
the certificate of competency of the person so con¬ 
victed; and such person shall not be entitled to re¬ 
ceive another certificate of competency within three 
(3) months from the date of such cancellation and 
revocation. 


(c) If any State Mine Inspector, or any county 
mine inspector shall find that any provision of this 
Act is being violated, it shall be his duty to file a 
sworn complaint before any court of competent juris¬ 
diction, stating the facts within his knowledge in 
such case and asking that the person charged with 
such violation be bound over to the next grand jury 
for said county; and it shall be the duty of the 
State’s Attorney for the county in which such viola¬ 
tion occurs to prosecute such complaint as provided 
by law in other State cases. 

Each county mine inspector shall report at least 
once a month to the State Mine Inspector for the 
district in which said county mine inspector is work¬ 
ing, stating the mines he has examined, the violations 
of this Act which he has discovered and the com¬ 
plaints he has filed under the provisions of this Act. 

(d) If the county mine inspector shall fail to file 
a complaint, as herein required, of a violation of this 
Act which he shall have reported to the State Mine 
Inspector, and in all other, cases of violation of this 
Act which shall have come to the knowledge of a 
State Mine Inspector in the discharge of his duties it 
shall be the duty of such State Mine Inspector to file 
a sworn complaint before any court of competent 
jurisdiction, stating the facts reported to him, by the 
county mine inspector, or coming to his knowledge in 




90 


the discharge of his duties, and asking that the per¬ 
son charged with such violation be bound over to the 
next grand jury for said county; and it shall be the 
duty of the State’s Attorney for the county in which 
such violation occurs to prosecute such complaint as 
provided by law in other State cases. 

(e) If any State Mine Inspector or any county 
mine inspector shall willfully fail, neglect or refuse 
to file a compaint as herein required, or shall will¬ 
fully disregard the duties required of him by the pro¬ 
visions of this Act, a sworn complaint may be filed 
by any person having knowledge of the facts, before 
any court of competent jurisdiction, charging said 
county mine inspector or said State Mine Inspector, 
as the case may be, with nonfeasance in office and 
asking that such inspector be bound over to the next 
grand jury for said county, and the State’s Attorney 
for the county in which such violation occurs shall 
prosecute such complaint as provided by law in 
other State cases. 

Upon final conviction for nonfeasance in office 
under the provisions of this Act, of any State Mine 
Inspector or any county mine inspector, his certificate 
of qualification or of competency, as the case may be, 
shall be thereby invalidated and he shall become dis¬ 
qualified from holding such office, and such person 
shall not be entitled to receive another certificate of 
qualification or of competency as the case may be, 
within three (3) months from the date of such final 
conviction. 

RESCUE STATIONS IN COAL FIELDS. 

An Act to establish and maintain in the coal fields of 
Illinois mine fire fighting and rescue stations. Ap- 
proved March 1910, in force July 1, 1910. Title 
amended by Act approved June 5, 1911, in force 
July 1, 1911. 

Rescue Stations, 'Number. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem- 


91 


Itly: That for the purpose of providing prompt and 
efficient means of fighting mine fires and of saving 
lives and property jeopardized by fires, explosions or 
other accidents in coal mines in Illinois, there shall 
be constructed, equipped and maintained at public 
expense three rescue stations to serve the northern, 
the central and the southern coal fields of the State. 

Commission, Appointment, Compensation. 

§ 2. The Governor shall appoint a commission, 
consisting of seven members, including two coal mine 
operators, two coal miners, one State Mine Inspector, 
and one representative of the Department of Mining 
at the University of Illinois, and one representative of 
the Federal Bureau of Mines. Said commission shall, 
within ten days after their appointment, meet and 
organize by electing one of their number chairman 
and another secretary of said commission, who shall 
hold their respective offices for a period of one year 
from the date of their election and until their suc¬ 
cessors are elected and qualified. Members of the 
said commission shall receive ten dollars ($10.00) 
per day for services rendered, not to exceed twenty- 
five (25) days during any one year, and all members 
of said commission shall be reimbursed for actual 
expenses while engaged in official work, approved 
by the commission; which commission shall be re¬ 
sponsible for the proper carrying out of the pro¬ 
visions of this Act.* 

Station, Sites, Cooperation. 

§ 3. The said commission shall provide or pur¬ 
chase or accept as a gift, suitably located sites for 
the stations, temporary and permanent quarters and 
suitable equipment and materials for the work; Fro- 


* Note—This Commission, Supt., etc., abolished. 
Rights, powers, etc., transferred to Dept, of Mines and 
Minerals. See ch. 24Secs, 35 and 45. Hurd’s Revised 
Statute, 1917. 






92 


vided, however, that the total cost of the equipment 
and maintenance of the service to July 1, 1911, shall 
not exceed seventy-five thousand (75,000) dollars. 
The said commission shall further arrange for co¬ 
operation in the work with mine owners, miners 
and State and Federal organizations so as to render 
the service of the utmost efficiency. 

Plans, State Architect. 

§ 4. The State Architect shall, as provided by 
law, furnish plans and specifications for suitable 
buildings as required by said commission, 

Siqyerintendents and Assista7its, Number, Appoint¬ 
ment, Instructions. 

§ 5. The said commission shall appoint for each 
station a superintendent and assistant. Each ap¬ 
pointee shall serve for a term of two years and 
until his successor is appointed and qualified, un¬ 
less sooner discharged by the said commission. Each 
appointee before entering upon the duties of his 
office shall take and subscribe to the oath of. office 
as provided by law. The commission shall' have 
authority to pay for such assistants as may be 
needed in giving instruction in first aid to the in¬ 
jured and similar technical subjects, and such other 
assistants as may be needed from time to time to' 
properly carry on the work of said rescue stations 
and such rescue cars and sub-stations as may be 
installed in connection with said stations, but not 
more than two extra assistants shall be employed 
for each rescue car. 

Salaries. 

§ 6. Each station superintendent shall receive one 
hundred and twenty-five dollars per month; and each 
station assistant one hundred dollars per month; 
and each appointee shall receive his necessary and 
actual expenses. 


93 


Commission, Duty. 

§ 7. The said commission shall supervise the 
work at each of the three stations, shall purchase 
necessary supplies, and shall keep a complete rec¬ 
ord of all operations and expenditures and an in¬ 
voice of all supplies on hand. The commission shall 
provide that at each station some representative 
shall be on duty or within call at all hours of the 
day and nigh't for each day of the year. 

Superintendents, Duty. 

§ 8. Whenever the superintendent of any station 
shall be notified by any responsible person that an 
explosion or accident requiring his services has 
occurred at any mine in the State, he shall proceed 
immediately with suitable equipment and on arrival 
at the said mine shall superintend the work of 
the rescue corps in saving life and property; and 
he shall cooperate with the State Mine Inspector and 
the management of the mine in the rescue work to 
such extent as necessary for the protection of human 
life in the mine, during such time as members of 
the rescue corps are under ground and while there 
is reasonable expectation that men entombed in the 
mine may be alive. 

Biennial Report. 

§ 9. The commission shall prepare a biennial re¬ 
port to the Governor and the General Assembly with 
necessary illustrations showing the work performed 
and money expended by the mine rescue service; and 
the State Board of Contracts is hereby directed to 
print and bind said reports promptly, and to provide 
all necessary printing for the mine rescue commis¬ 
sion out of the appropriations for such board of 
contracts. The Secretary of State. shall assign to 
the use of the commission suitably furnished rooms 
in the State House, and shall also furnish whatever 
blanks, blank books, printing, stationery, instruments 





94 


and supplies the commission may require in the dis¬ 
charge of its duties and for use of its employees. 

Appropriation. 

§ 10. To carry into effect the provisions of this 
Act, there is hereby appropriated the sum of seventy- 
five thousand dollars ($75,000.00) of any money in 
the hands of the State Treasurer not otherwise appro¬ 
priated; and the Auditor of Public Accounts is hereby 
directed to draw his warrants on the Treasurer on 
receipt of vouchers, properly certified by the chairman 
and secretary of said commission and approved by 
the Governor. 

MINERS’ EXAMINING BOARD. 

An Act to provide for the safety of persons employed 
in and about coal mines, and to provide for the 
examination of persons seeking employment 
therein in order that only competent persons may 
be employed as miners, and to create a board of 
examiners for this purpose and to provide a pen-m 
alty for the violation of the same,, and to repealV 
an Act entitled, “An Act to amend an Act en¬ 
titled, 'An Act to provide for the safety of per¬ 
sons employed in and about coal mines and to 
provide for the examination of persons seeking 
employment as coal miners, and providing pen¬ 
alties for the violation of the same, approved 
June 1, 1908, in force July 1, 1908,' approved June 
n. 1909, in force July I, 1909." Approved June 
21, 1913, in force July 1, 1913. 

Certificate of Competency, Duplicates. 

Section 1. Be it enacted by , the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That hereafter no person shall be employed or 
engaged as a miner in any coal mine in this State 


95 


without having first obtained a certificate of compe¬ 
tency and qualification so to do from the “Miners’ 
Examining Board” of this State, created by this Act. 
Miners who now hold certificates heretofore issued 
by any board of county mine examiners of this State 
may be permitted on or before July 1, 1916, to pro¬ 
duce before the Miners’ Examining Board created by 
this Act, such county mine examiners’ board certifi¬ 
cate, or if the same shall have been lost or destroyed, 
satisfactory evidence of its issuance; thereupon, such 
miner shall be entitled to receive from the Miners’ 
Examining Board created by this Act, the certificate 
herein provided for, which substitute certificate shall 
be issued without cost to said miner. After the first 
day of July, 1916, no miner’s certificate of competency 
or qualification shall be recognized in this State, ex¬ 
cept those which have been or may be hereby issued 
by the Board created by this Act: 

Provided, however, that any such certified miner 
may have one person working with him and under his 
directions as an apprentice for the purpose of learn¬ 
ing the business of mining and becoming qualified to 
obtain a certificate in conformity with the provisions 
of this Act. 

Miners' Examining Board, Appointment, Etc. 

§ 2. (Repealed by implication. See Civil Admin¬ 
istrative Code.) 

Commissioners' Qualifications, Salary and Expenses. 

§ § 3 and 4. (Repealed by implication, as above.) 

Organization, Seci'etary, Duties. 

§ 5. Immediately after the appointment or reap¬ 
pointment of a commissioner in each and every year, 
the said board shall organize by selecting one of its 
members‘president and another secretary for the en¬ 
suing year, and all records, reports, books, papers and 
other property pertaining to the office of said board 




96 


shall be kept by the secretary. The secretary shall 
be provided with a seal with proper device and on 
the margin thereof shall be the words, “Miners’ Ex¬ 
amining Board, State of Illinois.” 

Examinations, Time and Place, Notice. 

§ 6. Such board shall hold an examination once 
in each calendar month, in at least twelve places lo¬ 
cated most conveniently with reference to the dis¬ 
tricts in which coal is mined in the State of Illinois 
so that all persons in such district or in this State, 
or who may wish to come into this State, for the 
purpose of engaging in mining, may be examined as 
to their competency and qualifications. Public 
notice of said examinations shall be given through 
the press or otherwise in the discretion of the board, 
not less than seven days in advance of such meet¬ 
ing, which notice shall fix the time and place at 
which any examination under this Act is to be held. 

Fees. 

§ 7. Each applicant for the certificate provided 
for herein shall pay a fee of $2 to said board. Fees so 
collected during each month shall, before the 10th 
day of the following month, be paid by the board 
to the State Treasurer, together with a report show¬ 
ing where and from whom each fee was collected. 

Examinations, Certificates, Record. 

§ 8. All examinations held by said “Miners Ex¬ 
amining Board” shall be conducted in the English 
language and shall be of a practical nature so as to 
determine the competency and qualification of the ap¬ 
plicant to engage in the business of mining. Said 
board shall examine under oath all persons who 
apply for certificates as to their previous experience 
as miners and shall grant certificates of competency 
or qualification to such applicants as are -qualified, 
which certificates shall entitle the holder thereof to 
be employed as and to do the work of miners in this 



97 


State. No certificate of competency shall issue or be 
given to any person under this Act unless he shall 
produce evidence of having had not less than two 
years’ practical experience as a miner or with a 
miner, and in no case shall an applicant be deemed 
competent unless he appear in person before said 
board and orally answer intelligently and correctly at 
least twelve practical questions propounded to him 
by the board pertaining to the requirements and 
qualifications of a practical miner. Said board shall 
keep an accurate record of its proceedings and meet¬ 
ings and in said record shall show a correct detailed 
account of the examination of each applicant with 
questions asked and their answers, and at each of its 
meetings the board shall keep said record open tor 
public inspection. No miners’ certificate granted 
under the provision of this Act shall be transferable 
and any effort to transfer the same shall be deemed 
a violation of this Act. Such certificates shall be 
issued only at meetings of said board and said cer¬ 
tificates shall not be legal unless signed by at least 
two members of said board and sealed with the seal 
of the board issuing such certificates. 

^Annual Report. 

§ 9. Said board shall annually on the first day of 
March report to the Governor, in writing, what exom- 
inations it has held and what work it has done dur¬ 
ing the preceding year, together with such recom¬ 
mendations as it may deem advisable for the im¬ 
provement of the method of holding examinations 
and carrying out the purposes of this Act. 

Violations, Penalties. 

§ 10. No person shall hereafter engage as a miner 
in any coal mine without having obtained a cer¬ 
tificate of qualification as provided for in this Act, 
nor shall any person, firm, or corporation employ 
as a miner in his, their or its mine in this State, 



98 


any person who does not hold such certificate, nor 
shall any mine foreman, overseer, or superintendent 
permit or suffer any person to be employed under 
him or in any mines under his charge or supervision 
as a miner in any mine in this State, except as 
herein provided, who does not hold such certificate 
of qualification. Any person, firm or corporation who 
shall violate or fail to comply with the provisions 
of this Act, shall be deemed guilty of misdemeanor 
and on conviction thereof shall be fined in any sum 
not less than one hundred dollars ($100), and not 
more than five hundred dollars ($500), or shall be 
imprisoned in the county jail for a term of not less 
than thirty days, nor to exceed six months, at the 
discretion of the court. 

Complaints and Prosecution. 

§ 11. It shall he the duty of said “Miners Exam¬ 
ining Board” to report all complaints or charges of 
non-compliance with, or violation of the provisions of 
this Act to the State’s attorney of the county in 
which such non-compliance or violation occurs, and 
it shall be the duty of the State’s attorney of the 
county wherein the complaints or charges are made, 
to investigate the same and prosecute all persons so 
offending. 

Oath, Perjury. 

§ 12. In order to more effectively carry out the 
intention and purposes of this Act, the “Miners’ Ex¬ 
amining Board” shall have power to administer oaths 
to any and all persons who are applicants or may 
vouch in any manner for the service or qualification 
of any applicant in order to obtain for him a certifi¬ 
cate hereunder, and any person who shall willfully 
swear or falsely testify as to any matter material to 
such examination or as to the service or qualification 
of any applicant, shall be deemed guilty of perjury 
and shall be subject to the penalties thereof as pre¬ 
scribed by the criminal code of this State. 


99 


Removal of Commissioners. 

§ 13. The Governor shall have the power and 
authority to remove any of said commissioners for 
neglect of duty, incompetency, or malfeasance in 
office, and upon such removal shall appoint a suc¬ 
cessor. 

Invalidity. 

§ 14. The invalidity of any section or part of this 
Act, shall in no manner affect the valadity of any 
other parts of this Act, exclusive of such invalid 
part or parts, if any. 

Reveal. 

§ 15. That an Act entitled, “An Act to amend an 
Act entitled, ‘An Act to provide for the safety of per¬ 
sons employed in and about coal mines, and to pro¬ 
vide for the examination of persons seeking employ¬ 
ment as coal miners, and providing penalties for the 
violation of the same, approved June 1, 1908,’ ap¬ 
proved June 5, 1909, in force July 1, 1909,” be and the 
same is hereby repealed. 

OIL AND GAS WELLS AND LEASES. 

An Act to amend an Act entitled, ‘‘An Act in rela^ 
tion to sinking, filling and operating of oil or gas 
wells, approved and in force May 16, 19051' Ap¬ 
proved and in force June 7, 1911. 

Section 1. Be it enacted Oy the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That an Act entitled, “An Act in relation to 
sinking, filling and operating of oil or gas wells, 
approved and in force May 16, 1905,” be and the 
same is hereby amended to read as follows: 

Wells, Distance. 

§ 1. No oil or gas well shall be drilled hereafter 
nearer than 250 feet to any opening to a mine used 
as a means of ingress or egress for the persons em¬ 
ployed therein or which is used as an air shaft. 




100 


statement, Map, Record. 

§ 2. It shall be the duty of any person, firm or 
corporation having the custody or control of any 
well drilled for gas or oil, and of the owner of the 
land in which such well is drilled, when the drill 
hole penetrates a coal seam, to file in the office of 
the recorder of the county in which said oil or gas 
well is drilled, and in the office of the State Mining 
Board, within fifteen days after completing said 
well, a statement and map giving the location and 
depth of every well so drilled and the county recorder 
shall file and enter and index the same in the rec¬ 
ords of his office relating to the titles to real prop¬ 
erty. 

Abandoned Well, Plugging. 

§ 3. Before the casing shall be drawn from any 
well for the purpose of abandonment thereof, which 
has been drilled into any gas or oil bearing rock, it 
shall be the duty of any person, firm or corporation 
having the custody or control of such well at the time 
of such abandonment, and also the owner or owners 
of the land wherein such well is situated, to properly 
and securely stop and plug the same in the following 
manner: Such hole first be solidly filled from the 
bottom thereof to a point at least twenty feet above 
such gas or oil bearing rock with sand, gravel or 
pulverized rock, immediately on the top of which fill¬ 
ing shall be seated a dry wood plug not less than two 
feet in length, having a diameter of not less than one- 
fourth of an inch less than the inside diameter of the 
casing in such well. And above such wooden plug 
such well shall be solidly filled for at least twenty-five 
feet with the above mentioned filling material, im¬ 
mediately above which shall be seated another wood 
plug of the same kind and size as above provided, and 
such well shall again be solidly filled for at least 
twenty-five feet above such plug with such filling ma¬ 
terial. After the casing has been drawn from such 


101 


well there shall immediately be seated at the point 
where such casing was seated a cast iron ball or 
tampered wood plug at least two feet in length, the 
diameter of which ball or the top of which wood plug 
shall be greater than that of the hole below the point 
where such casing was seated, and above such ball or 
plug such well shall be solidly filled to top of well 
with the aforesaid material. 

Affidavit of Plugging, Recording. 

§ 4. The person, firm or corporation owning or 
having control or custody of any such well, or the 
land in which any such well is situated shall file or 
cause to be filed in the office of the recorder of the 
county in which any such well is located, within 
fifteen days after the same has been plugged, as pro¬ 
vided in section 3, the affidavit of at least two per¬ 
sons who were present during the plugging of such 
well, which affidavit shall be recorded in the record 
books in the office of the recorder of such county, and 
shall set out in detail the manner in which such well 
was plugged and the depth of each such wood plugs 
and iron ball below the surface of the ground, and 
the record of such affidavit shall be prima facie evi¬ 
dence in any court of a compliance with the provi¬ 
sions of this Act. 

Fresh Water, Casing Off. 

§ 5. It shall be the dfity of any person, firm or 
corporation sinking a well in any oil or gas bearing 
rock, or having sunk such well and maintaining the 
same, to case off and keep cased off all fresh water 
from such well. 

Violations, Penalties. 

§ 6. Any person, firm or corporation violating the 
provisions of section 1, or failing to comply with the 
provisions of section 2 of this Act, or who shall fail 
or refuse to plug a well in the time and manner pro¬ 
vided in section 3 of this Act, or shall fail or neglect 


102 


to secure and file in the proper recorder’s office the 
affidavit provided for and required in section 4 of this 
Act, or shall fail and neglect to properly case off 
fresh water from such well and keep the same cased 
off while said well is maintained, as provided in sec¬ 
tion 5 of this Act, shall be liable to a penalty of one 
hundred dollars ($100) for each and every violation 
thereof, and the further sum of one hundred dollars 
($100) for each ten days during which such violation 
shall continue, and all such penalties shall be recover¬ 
able in a civil action brought in any court of com¬ 
petent jurisdiction in any county in which said viola¬ 
tion occurred, brought in the name of the State of 
Illinois on the relation of such county, and for the 
use and benefit of such county, and in all such 
cases, if there be recovery by the State, it shall 
recover in addition to such penalties a reasonable 
attorney’s fee. 

§ 7. (Emergency.) 

RELEASE OF FORFEITED MINERAL RIGHTS. 

An Act for the imr'pose of requiring lessee, his, hei 
or their heirs, representatives, sueeessors or as¬ 
signs to release of reeorcl eoal and other mineral 
leases, when forfeited, and providing a penalty 
for failure, refusal or negleet so to do. Beeame a 
law without the Governor's approval July 12, 
1913, in force July 1, 1913. 

Forfeited Coal or Mineral Lease, Release, Recording. 

Section 1. Be it ejiacted hy the People of the 
t^tate of Illinois, represented in the General Assem- 
hly: When any lease on land heretofore or here¬ 
after taken for the purpose of prospecting for coal or 
other mineral, or for the purpose of mining the coal 
or other mineral from said land, so leased, shall be¬ 
come forfeited by the terms of said lease or the acts 
of said lessee, his, her, or their heirs, representatives, 
successors or assigns, it shall be the duty of said lessee, 


103 


his, her, or their heirs, representatives, successors or 
assigns, within sixty days from the time this Act 
shall take effect, if such forfeiture take effect prior 
thereto, and within sixty days from the date of for¬ 
feiture of any and all other leases, to have such 
lease or leases released of record in the county where 
such land is situated, without any cost to the owner 
or owners of the land; and any failure so to do after 
notice and demand shall constitute a misdemeanor 
and shall subject the offender to a fine of not more 
than two hundred dollars. 

Mandamus, Attorney's Fees. 

§ 2. Whenever the lessee of any coal or other 
mineral lands, or the person, firm, company or corpo¬ 
ration, owning, holding or having control of any such 
lease shall allow the same to become forfeited, or by 
his, her or their acts shall forfeit the same, and shall 
refuse, fail or neglect to cause the same to be released 
of record in the county w'here said lands are situated, 
the lessor or owner of said lands may begin and main¬ 
tain a civil action to compel said party to release the 
same of record and upon judgment being rendered 
decreeing said lease forfeited and directing the re¬ 
lease, the said lessee, or the person, firm, company or 
corporation owning, holding or controlling said 
lease, shall be decreed to pay all costs accruing by 
said action, including a reasonable attorney fee to be 
taxed as cost. 

REQUIRING RELEASE OF OIL OR GAS RIGHTS 
WHEN FORFEITED. 

Ax Act for the yuryose of comyelling oil or gas 
leases, when forfeited, to be released of record 
and yroviding a yenalty therefor. Ayyroved May 
27, 1907, in force July 1, 1907. 

Forfeited Oil or Gas Lease, Release, Recording. 

Section 1. Be it enacted by the Peoyle of the 
State of Illinois, reyresented in the General Assem,- 




104 


lyly: When any lease on land heretofore or hereafter 
taken for the purpose of prospecting for oil or nat¬ 
ural gas or operating oil or gas wells upon lands so 
leased, shall become forfeited by the terms of said 
lease or the acts of the lessee, it shall be the duty of 
the lessee, his, her or their successors or assigns 
within sixty days from the date this Act shall take 
effect, if such foreiture take effect prior thereto, and 
within sixty days from the day of forfeiture of any 
and all other leases, to have such lease or leases re¬ 
leased of record in the county where such land is 
situated, without any cost to the owner or owners of 
the land; and any failure so to do shall constitute 
a misdemeanor and shall subject the offender to a 
fine of not more than two hundred dollars. 
Mandamus, Attorney's Fees. 

§ 2, Whenever the lessee of any oil or natural gas 
lands or the person, firm, company or corporation, 
only holding or having control of any such lease 
shall allow the same to become forfeited, or by his, 
her or their acts shall forfeit the same, and shall re¬ 
fuse, fail or neglect to cause the same to be released 
of record, the lessor, or owner of said lands, may be¬ 
gin a civil action to compel said party to release the 
same of record and upon judgment being rendered 
decreeing said lease forfeited and directing the re¬ 
lease, the said lessee, or his assigns, shall be decreed 
to pay all costs accruing by such action, including a 
reasonable attorney fee to be taxed as costs. 

REGULATING THE CHARACTER OP PERMIS¬ 
SIBLE EXPLOSIVES. 

An Act to promote the safety of persons and property 
in coal mines hy regulating the character of per- 
missihle explosives sold to he used in coal mines. 
Approved June 2G, 1913, in force July 1, 1913. 
Permissible Explosives, Specifications. 

Section 1. Be it enacted by the People of the, 
State of Illinois, represented in the General Assem- 


105 


hly: That all permissible explosives for use in blast¬ 
ing coal in the State of Illinois shall conform to the 
following specifications: 

(a) All permissible explosives offered for sale in 
the State of Illinois shall have printed on each 
cartridge and individual package the name of the 
manufacturer, the registered trade mark, -brand, 
grade and a statement that it conforms in strength 
to the grade and brand established by the United 
States Bureau of Mines. 

(b) Each shipping case shall have marked on it 
the total weight of explosives contained therein, and 
the average weight, length and diameter of each 
stick contained therein. 

(c) Each shipping case containing permissible 
explosives shall be marked “Permissible Explosives.” 

(d) Each ingredient of a permissible explosive 
shall not vary more than the permitted variation 
established by the United States Bureau of Mines. 

Samf)les. 

‘ § 2. State mine inspectors, county mine inspec¬ 

tors, and the accredited representatives of the coal 
operators and coal miners shall have authority to 
sample permissible explosives used for blasting pur¬ 
poses in coal mines in the State of Illinois, or kept on 
hand for sale, or intended for shipment for use in 
such mines, and for such purposes, they may enter 
upon the premises of any person, firm or corporation. 

Place of Testing. 

§ 3. If the State mine inspectors, county mine 
inspectors, or the "accredited representatives of the 
coal operators or coal miners shall desire to have 
said samples tested for content, they shall send the 
same to the United States Bureau of’Mines for that 
purpose. 


106 ' 


s'’’^ 


Testing Samples. 

§ 4. When 'such samples are intended to be tested 
for content, they must be taken at the mill or ware¬ 
house of the manufacturer or manufacturer’s agent or 
in the railroad car for shipment at said mill or ware¬ 
house or the magazine at the mine, and said samples 
shall be taken in accordance with the rules estab¬ 
lished by the United States 'Bureau of Mines. 

Violations, Prosecution. 

§ 5. If samples of permissible explosives when 
tested as provided for in this Act shall be found not 
to comply with the provisions herein, the person, 
firm or corporation guilty of violating the provi¬ 
sions of this Act shall be prosecuted in accordance 
with the provisions hereof. 

Storing Explosives. 

§ 6. Permissible explosives shall be stored in 
magazines constructed in accordance with plans that 
shall be approved by the State Mine Inspector of the 
district in which the mine is located. 

Magazines, Construction. 

§ 7. Every magazine shall be provided with a 
wooden floor which shall be kept free from grit and 
dirt. If more than one kind of explosive is kept in 
the same magazine, the magazine shall be divided 
into rooms by partitions; the different kinds of ex¬ 
plosives shall be kept in different rooms, but no deto¬ 
nators, or blasting caps, or any device containing ful¬ 
minating composition shall be kept in the same 
magazine with any explosive. All detonators, blast¬ 
ing caps or any device containing fulminating com¬ 
position shall be kept separate in a safe and dry re¬ 
ceptacle apart from any other explosive. 

Mis-stamping, Etc. 

§ 8. Any person. Arm or corporation changing 
any stamp, brand, or specification denoting the con- 


107 


tents of any package or cartrige shall be subject to 
the penalties provided for herein. 

Penalties. 

§ 9. Any person, firm or corporation who shall 
sell for use in the coal mines in this State any per¬ 
missible explosive not stamped as herein required, or 
who shall knowingly sell for use in coal mines in 
this State any permissible explosive which is un¬ 
truthfully branded or stamped, and any person, firm 
or corporation being a manufacturer of permissible 
explosives, or the agent of any such manufacturer 
of permissible explosives, who shall sell for use in 
any coal mine in this State any permissible explo¬ 
sive which shall not conform to the requirements 
of this Act, shall be punishable by a fine of not ex¬ 
ceeding one hundred dollars ($100) or by imprison¬ 
ment in the county jail for not exceeding ninety 
(90) days, or both, in the discretion of the court: 
Provided, that nothing in this Act shall be construed 
to apply to permissible explosives shipped prior to 
this Act taking effect. 

REGULATING THE USE OF BLACK POWDER. 

An Act to promote the safety of persons and prop¬ 
erty in coal mines by regulating the character of 
black blasting powder sold to be used in coal 
mines. Approved June 7, 1911, in force July 1, 
1911. 

Black Powder, Specifications. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That black powder for use for blasting in coal 
mines shall conform to the following specifications: 

(a) It shall have specific gravity of not less 
than 1.74 nor more than 1.90. 

(b) It shall have a moisture content of not to 
exceed 1 per cent at the time when shipped by the 
manufacturer or his agent. 



108 


(c) Said powder shall be sold for use in coal 
mines only in seven sizes of granulation, to be de¬ 
termined as follows: 

CCC shall be powder which shall pass through 
a screen having round hole perforations of 40/64 of 
an inch in diameter and remain on a screen having 
round hole perforations of 32/64 of an inch in diame¬ 
ter, 

CC shall be powder which shall pass through a 
screen having round hole perforations of 36/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 24/64 of an inch in 
diameter. 

C shall be powder which shall pass through a 
screen having round hole perforations of 27/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 18/64 of an inch in diame- 
' ter. 

F shall be powder which shall pass through a 
screen having round hole perforations of 20/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 12/64 of an inch in di¬ 
ameter. 

FF shall be powder which shall pass through a 
screen having round hole perforations of 14/64 of 
an inch in diameter and remain on a screen having 
round hole perforations of 7/64 of an inch in 

diameter. 

FFF shall be powder which shall pass through a 
screen having round hole perforations of 9/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 3/64 of an inch in 

diameter. 

FFFF shall be powder which shall pass through 
a screen having round hole perforations of 5/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 2/64 of an inch in 
diameter. 


109 


In testing powder for size of granulation as 
herein required, it shall be permissible for a given 
size to contain not to exceed per cent by weight 
of grains of the size next larger and 7^ by weieht 
of grains of the size next smaller. 


Stamping. 

§ 2. All black powder sold for use in coal mines 
in this State shall have plainly stamped on the keg 
or package in which it is contained the letter show¬ 
ing the size of granulation according to the require¬ 
ments of this Act. 

Unlawful Sale, Penalty. 

§ 3. Any person, firm or corporation who shall 
sell for use in coal mines in this State any black 
powder not stamped as herein required; or who shall 
knowingly sell for use in coal mines in this State any 
powder which is untruthfully branded or stamped, 
and any person, firm or corporation being a manu¬ 
facturer of black powder, or the agent of any such * 
manufacturer of black powder who shall sell for use 
in any coal mine in this State, any powder which 
shall not conform to the requirements of this Act in 
respect to the specific gravity and moisture content 
shall be guilty of a misdemeanor, and shall be punish¬ 
able by a fine of not exceeding $100.00 or by imprison¬ 
ment in the county jail for not exceeding ninety (90) 
days, or both, in the discretion of the court.' 

Samples and Tests. 

§ 4. (a) State mine inspectors and deputy mine 
inspectors shall have authority to sample black blast¬ 
ing powder used for blasting purposes in coal mines 
in this State, or kept on hand for sale or intended for 
shipment for use in such mines, and for such pur¬ 
pose they may enter upon the premises of any 
person. 

(b) An inspector when sampling black blasting 
powder shall secure as accurate an average sample 



110 


as is practicable, and shall test the granulation of 
such sample with the screens provided for in this 
Act. 

(c) If the inspector shall desire to have said 
sample tested for specific gravity or moisture con¬ 
tent, he shall send the same to the State Mining 
Board for that purpose, and when such samples are 
intended to be tested for moisture content, they 
must be taken at the mill or warehouse of the manu¬ 
facturer or manufacturer’s agent, or in the railroad 
car for shipment at said mill or the warehouse; and 
said samples when so taken shall be immediately 
sealed moisture-proof before being sent to the State 
Mining Board. 

When such samples are received by the State 
Mining Board they shall cause the same to be prop¬ 
erly and accurately tested for specific gravity and for 
moisture content. 

(d) If samples of powder when sampled and 
tested as provided in this Act shall be found not 
to comply with the provisions herein, the person, 
firm or corporation guilty of violating the provisions 
of this Act shall be prosecuted in accordance with 
the provisions hereof. 

WASH ROOMS FOR EMPLOYEES. 

An Act to 'provide for wash rooms in certain employ¬ 
ments to protect the health of employees and se¬ 
cure public comfort. Approved June 26, 1913, in 
force July 1, 1913. 

Wash Rooms, Establishment. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That every owner or operator of a coal mine, 
steel mill, foundry, machine shop, or other like busi¬ 
ness in which employees become covered with grease, 
smoke, dust, grime and perspiration to such extent 
that to remain in such condition after leaving their 


\ 


Ill 


work without washing and cleansing their bodies and 
changing their clothing will endanger their health 
or make their condition offensive to the public, shall 
provide and maintain a suitable and sanitary wash 
room at a convenient place in or adjacent to such 
mine, mill, foundry, shop or other place of employ¬ 
ment for the use of such employees. 

Wash Rooms, Requirements. 

§ 2. Such wash room shall be so arranged that 
employees may change their clothing therein, and 
shall be sufficient for the number of employees en¬ 
gaged regularly in such employment; shall be pro¬ 
vided with lockers or hangers in which employees 
may keep their clothing; shall be provided with hot 
and cold water and with sufficient and suitable places 
and means for using the same; and provided with a 
sufficient number of showers for the use of employ¬ 
ees who regularly use said wash rooms; and during 
cold weather, shall be sufficiently heated. 

Inspection. 

§ 3. It shall be the duty of the State and county 
mine inspectors, factory inspectors and other in¬ 
spectors required to inspect places and kinds of busi¬ 
ness required by this Act to be provided with wash 
rooms, to inspect such wash rooms and report to the 
owner or operator, the sanitary and physical condi¬ 
tion thereof in writing, and make recommendations 
as to such improvements or changes as may ap¬ 
pear to be necessary for compliance with the pro¬ 
visions of this Act. 

Violation, Penalty. 

§ 4. Any owner or employer who shall fail or 
refuse to comply with the provisions of this Act shall 
be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be fined not more than one 
hundred dollars. 


112 


Second Offenses, Etc., Penalty. 

§ 5. Any owner or employer who shall be con¬ 
victed of a violation of the provisions of this Act shall 
be subject to a conviction for succeeding offenses for 
each and every day he shall neglect or refuse to com¬ 
ply herewith. 

An Act to regulate the use of Electricity in the 
Mines of the State of Illinois. 

Section 1. Be it enacted J)y the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That all mines in the State using A. C. cur- 
. rent underground shall construct and maintain fire¬ 
proof rooms in which to install transformers. All 
wires leading to said transformers shall be properly 
and sufficiently insulated'for the protection of per¬ 
sons or animals coming in contact therewith.' 

Transformers shall be constructed with auto¬ 
matic cut-outs in case of short circuiting. 

§ 2. All wires carrying electric current passing 
through curtains or inffammable material shall be 
properly protected so as not to ignite said curtains 
or inflammable material. 

§ 3. (a) Trolley wires or other exposed elec¬ 
trical wires shall not carry a voltage above 275 
volts. 

(b) All trolley and positive feed wires crossing 
places where persons or animals are required to 
travel shall be safely guarded or protected from 
such persons or animals coming in contact there¬ 
with. 

(c) All terminal ends of positive wires shall 
be guarded so as to prevent persons inadvertently 
coming in contact therewith. 

Approved June 24, 1921, in force July 1, 1921. 


113 


CAPITAL STOCK OWNERSHIP. 

Ax Act to authorize mining or manufacturing com¬ 
panies to own and hold shares of the capital stock, 
and to own and hold securities of railroad com¬ 
panies whose roads shall connect the different 
plants of such mining or manufacturing compan¬ 
ies with each other, or with other railroads or 
harltors. Approved Jtme 11, 1897, in force July 
1, 1897. 

Capital Stock, Authority to Own. 

Section 1. Be it enacted 'by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That any corporation organized, or to be organ¬ 
ized, under and by virtue of any law of this State, 
for mining or manufacturing purposes, be and the 
same is hereby authorized to own and hold shares of 
the capital stock, and to own and hold securities of 
any railroad company or companies when such rail¬ 
road or railroads shall connect the different plants of 
such mining or manufacturing companies with each 
other, or with other railroads or harbors: Provided, 
that said mining or manufacturing companies shall 
not be permitted to hold stock in more than one rail¬ 
road connecting the same points. 

DEPARTMENT OF MINING ENGINEERING AT 
UNIVERSITY OP ILLINOIS. 

An Act aicthorizing and directing the establishment 
of a department of mming engmeering in the Col¬ 
lege of Engineering, at the University of Illinois, 
and providing for the support of the same. Ap- 
2 )roved June 8, 1909, in force July 1, 1909. 

Department of Mining Engineering. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That the trustees of the University of Illinois 
be authorized and directed to establish, in the College 


114 


of Engineering, at the university, a department of 
mining engineering. 

Courses of Instruction. 

§ 2. That the said department of mining engi¬ 
neering shall offer such courses of instruction re¬ 
lating to the science and practice of mining as will 
best serve to train young men for efficient work in 
the various phases of the mining industry. 

Dissemination of Scientific Facts. 

§ 3. That in addition to its work of instruction, 
the said department of mining engineering shall, so 
far as practicable, concern itself with the develop¬ 
ment and dissemination of such scientific facts as are 
likely to be of service in improving the practice of 
mining, with reference to efficiency in operation, to 
the security of life in the mines, and to the con¬ 
servation of the fuel and other mineral resources of 
the State. 

Appropriation. 

§ 4. That there be and hereby is appropriated to 
the University of Illinois, to meet the cost of estab¬ 
lishing and maintaining the said department of min¬ 
ing engineering, the sum of seven thousand five hun¬ 
dred ($7,500) dollars per annum. 

/ 

Warrants. 

§ 5. The Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the 
treasurer for the sum hereby appropriated; payable 
out of any money in the treasury not otherwise ap¬ 
propriated, upon the order of the board of trustees of 
said university, attested by its secretary and with 
the corporate seal of said university thereto at¬ 
tached. 


115 


TRESPASS AND INTIMIDATION. 

An Act to revise the law in relation to criminal jur¬ 
isprudence. Approved March 27, 1874, force 
July 1, 1874. 

Intimidation, Penalty. 

§ 160. Whoever enters a coal bank, mine, shaft, 
manufactory, building or premises of another, with 
intent to commit any injury thereto, or by means of 
threats, intimidation or riotous or other unlawful 
doings, to cause any person employed therein to leave 
his employment, shall be fined not exceeding $500, or 
confined in the county jail not exceeding six months, 
or both. 

Trespass, Penalty. 

§ 268. Whoever, without authority of law and not 
being the owner or agent of adjoining land, enters 
the coal bank, mine, shaft, manufactory, or place 
where workmen are employed, of another, without the 
expressed or implied consent of the owner or mana¬ 
ger thereof, after notice that such entry is forbidden, 
shall be fined not exceeding $200, or confined in the 
county jail not exceeding six months, in the discre¬ 
tion of the court. 


INFORMATION. 

An Act to require inspectors of mines to furnish in¬ 
formation to the State Geologist, and to provide 
for paying the expenses of the same. Approved 
June 18, 1891, in force July 1, 1801. 

Information, Duty of Inspectors. 

Section 1. Be it enacted hy the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That in addition to the duties now prescribed 
by law, it shall hereafter be the duty of the State in¬ 
spectors of coal mines to procure for, and under the 


116 


direction of, the State Geologist, a true record of the 
various strata through which coal shafts are sunk, 
or borings for coal, oil, gas or artesian water are 
made in their respective districts, also to determine 
the altitude of the top of said shafts or bore holes, 
above some specified point on the nearest railroad, 
or other point whose elevation may be readily as¬ 
certained; and also to determine the dip of the coal 
stratum in all mines which are being operated. The 
additional duties herein prescribed for said inspec¬ 
tor shall be discharged at such times and in such 
manner as not to interfere with their primary duties 
as inspectors of mines, and they shall report the re¬ 
sults of their observations, from time to time, to 
the State Geologist. 

Expenses, Payment. 

§ 2. The actual and necessary traveling expenses 
of said inspectors, in the discharge of their public 
duties, shall be allowed and paid from the same fund 
and in the same manner as that in which compensa¬ 
tion for their services is now paid, and upon itemized 
quarterly accounts, verified by the affidavit, and ap¬ 
proved by the secretary of the Commissioner of La¬ 
bor Statistics and the Governor. 

MINING INVESTIGATION COMMISSION. 

Section 1. Be it enacted hy the People of the 
State of Illinois, represented in the General Assem- 
l)ly: That a commission be established, to be known 
as the Mining Investigation Commission of the State 
of Illinois, consisting of three coal mine owners and 
three coal miners appointed by the Governor, to¬ 
gether with three qualified men, no one of whom 
shall be identified or affiliated with the interests of 
either of the mine owners or coal miners or depend¬ 
ent upon the patronage or good will of either, nor in 
political life who shall be appointed by the Governor, 


117 


Each member of the said commission shall have 
equal authority, power and voting strength in consid¬ 
ering and acting upon any matters which may be 
brought to the attention of the commission and on 
which the commission may act and the said commis¬ 
sion shall have power and authority to investigate 
the methods and conditions of mining in the State of 
Illinois with special reference to the safety of human 
lives and property and the conservation of coal de¬ 
posits. 

§ 2. In making an investigation as contemplated 
in this Act, said commissioners shall have the power 
to issue subpoenas for the attendance of witnesses, 
'which shall be under the seal of the commission and 
signed by the chairman or secretary of said com¬ 
mission. 

In case any‘person shall wilfully fail or refuse 
to obey such subpoena, it shall be the duty of the 
Circuit Court of any county, upon application of the 
said commissioners, to issue an attachment for such 
witness, and compel such witness to attend before 
the commissioners, and give his testimony upon such 
matters as shall be lawfully required by such com¬ 
missioners; and the said court shall have the power 
to punish for contempt, as in other cases or refusal 
to obey the process and order of such court. 

The fees of witnesses shall be the same as in the 
courts of record and shall be paid out of the appro¬ 
priation hereinafter made. 

And upon order duly entered of record by the 
said commission any one or more members of the 
said commission shall be empowered to take testi¬ 
mony touching the matters within the jurisdiction 
of the said commis^on and report the same to the 
paid commission. 

Said commission shall have power and are au¬ 
thorized to adopt a seal and to make such rules not 
inconsistent with or contrary to law for the govern¬ 
ment of proceedings before it, as it may deem proper 


118 


and shall have the same power to enforce such rules 
and to preserve order and decorum in its presence as 
is vested by the common law or statute of this State 
in any court of general jurisdiction. 

§ 3. Said Commission shall meet at the State 
capitol building in Springfield on the second Tues¬ 
day after notice of their appointment and shall im¬ 
mediately elect a chairman and secretary fropa 
among their number, one of whom shall be a coal mine 
owner and the other a coal miner. Said commission 
shall cause a record to be kept of all its proceedings. 

Five members of the said commission shall con¬ 
stitute a quorum for the transaction of business, but 
a less number than a quorum may adjourn the meet¬ 
ing of the commission from time to time. 

Meetings of the said commission other than 
calle.d meetings, as provided for herein, may be held 
at such times and places within the State of Illinois, 
as may be fixed by the said commission. 

A meeting of the said commission shall be held 
upon the written request of any three members of the 
said commission signed by them and delivered to the 
secretary, who shall, upon receipt of such request, 
notify each member of said commission by mail of 
such meeting so to be held, and the time and place 
thereof. And no such meeting shall be held less than 
five days after the mailing of notice of the said meet¬ 
ing to the members of said commission by the secre¬ 
tary. 

Such called meeting shall be held either in 
Springfield or Chicago. 

§ 4. Said commission shall report to the Gov¬ 
ernor and to the General Assembly at its next regular 
session, submitting, so far as they have unanimously 
agreed, a proposed revision of mining laws of the 
State, together with such other recommendations as 
to the commission shall seem fit and proper relating 
to mining in the gtate of Illinois. 


119 


And where there is not unanimous agreement 
upon any recommendation there shall be submitted 
in like manner separate reports embodying the recom¬ 
mendations of any one or more members of the said 
commission, which said reports shall each set forth 
in detail the recommendation of the commissioner or 
commissioners signing said report and shall embody 
his or their respective reasons for such recommenda¬ 
tions, and his or their objection to the report of 
other members of the commission. The duties and 
functions of said commission shall cease and the 
terms of office of the respective commissioners shall 
treminate upon the adjournment of the Fifty-second 
General Assembly. 

§ 5. The members of said commission who are 
coal mine owners and coal miners, as aforesaid, shall 
receive no compensation for their services. The re¬ 
maining three members of the commission shall 
receive as compensation for their services the sum of 
$10.00 per day for each day actually employed by 
them as such commissioners. All members of the 
said commission shall be reimbursed for their actual 
expenses incurred in and about the actual work of 
said commission. 

Said commission may appoint a stenographer or 
clerk and such other employees as are necessary and 
shall fix their compensation and may incur such 
other expenses as are properly incidental to the work 
of the commission. 

§6. The sum of seven thousand dollars ($7,000), 
or as much thereof as may be necessary, is hereby 
appropriated for the postage, stationery, clerical and 
expert services, and incidental traveling expenses of 
the commifesion, and the per diem of members as 
herein authorized, and the Auditor of Public Ac¬ 
counts is hereby authorized to draw his warrants for 
the foregoing amount, or any part thereof, in pay¬ 
ment of any expenses, charges or disbursements 
authorized by this Act, on order of this commission. 


120 


signed by its chairman, attested by its secretary, and 
approved by the Governor. 

The Department of Public Works and Buildings 
is hereby authorized and directed to provide all nec¬ 
essary printing for the mining investigating commis¬ 
sion, and testimony taken by it shall be reported in 
full and may be published from time to time by the 
commission. 

RULES AND REGULATIONS GOVERNING EX¬ 
AMINATIONS. 


Oral and Written. 

1. The examination of all candidates shall con¬ 
sist of a written and oral part. 

State Mine Inspectors' Examination, Time of Holding. 

2. The written examination for State Mine In¬ 
spectors will be held on Tuesday following registra¬ 
tion, at 9:00 o’clock a. m., the morning session closing 
at 12 m. The afternoon session will begin at 2:00 
o’clock p. m., and close at 5:00 o’clock p. m. 

Training and Experience Questions, Where Answered. 

3. Each candidate for a certificate shall answer 
a set of questions as to training and experience. 
These questions can be taken to his room and answers 
presented when candidate presents himself for the 
oral examination. 

Examination Papers, Designation and Numbering. 

4. Numbers will be assigned to each candidate, 
with which his examination paper shall be marked 
and by which only he shall be known until after his 
written examination has been corrected and graded. 

Oral Examinations, When Held. 

5. The oral examination of each candidate shall 
be had separately after the written examination shall 
be completed, and the applicant shall be called for 
this purpose by the number assigned him. 




121 


Questions, Nature, Glassification, Numbering. 

6. Questions for each examination shall be uni¬ 
form and shall consist of: 

For Mine Inspectors.24 written questions; 

For Mine Manager— 

First class .20 written questions; 

Second class.10 written questions 

For Mine Examiners.15 written questions 

For Hoisting Engineer.15 written questions. 

The written part of the examination shall be di¬ 
vided as follows: 

For Mine Inspectors i morning session, 

\ 12 questions, afternoon session. 

For Mine Manager— 

First class f questions, morning session, 

SppnnH piasa. j questions, aftemoon session. 

I 10 questions, morning session; 

For Hoisting Engineer and Mine Examiner. 

15 questions, morning session. 
These questions shall be prepared by the Director 
of the Department of Mines and Minerals, or under 
his direction. 

Manner of Conducting Examination. • 

7. All candidates, being assembled, shall be as¬ 
signed to separate desks, provided with writing ma¬ 
terial, and each candidate shall be given a list of 
printed questions required to be answered, also a 
printed card, numbered, on which to ascribe his name 
and address. This card shall be enclosed in a sealed 
envelope and retained by him to present when he is 
called for oral examination, the same to be opened by 
the examiner and passed to the person keeping the 
record's of the examination. This will be after the 
written work has been graded and posted. 

Marking and Rating. 

8. A system of marking shall be established which 
shall show the record made by each candidate in 











122 


the written, oral, training and personal experience, 
the sum of which shall be the final rating of each 
candidate. 

Grading Pagers. 

9. A minimum shall be established above which 
candidates must be graded in order to pass the exam¬ 
ination and receive a certificate of competency. 

Affidavit of Qualification. 

10. All candidates who appear before the Mining 
Board for examination must make an affidavit setting 
forth the facts as to residence, age, experience, etc. 

Registration Requirements. 

11. Any person appearing for registration in an 
intoxicated condition will not be permitted to register 
for the examination, and if after registering a person 
appears in an intoxicated condition prior to the time 
of taking examination, he will not be allowed to take 
such examination. 

Amendment of Rules. 

12. The Mining Board shall have a right at any 
time to add to or modify these rules in any way, pro¬ 
viding the changes shall have been put in writing and 
presented at one meeting prior to their adoption. 


123 


INDEX. 


DEPARTMENT OF MINES AND MINERALS. 

I Organization and Management — 

Page. 

1. Executive Officers. 5 

2. Seal . 5 

3. Central and branch offices. 5 

4. Employees, civil service.^.. 5 

5. Rules and regulations. 6 

6. Cooperation, coordination and efficiency. 6 

7. Moneys, disposition. 6 

8. Expenditures . 6 

9. Reports . 6 

II Powers and Duties — 

10. Generally . 7 

11. IVIining board. 7 

12. State Mine Inspectors. 10 

13. Miners Examining Board. 14 

14. Mine fire fighting and rescue stations. 15 

III General Mining Law — 

Section. 

1. (a) State Mining Board. 16 

(b) Powers and duties of board. 16 

(c) Date and term of appointment. 17 

(d) Supplies furnished by Secretary of State. . 17 

(e) Frequency of meetings. 17 

(f) Rule of procedure. 18 

(g) Compensation of members. 18 

2. (a) Registration . 19 

(b) Examination for Inspectors. 19 

(c) Names certified to the Governor. 19 

(d) Examination for mine managei-s. 19 

(e) For mine manager, second class. 20 

(f) Examinations for mine examiners. 20 

(g) Examinations for hoisting engineers. 21 

(h) Examination for electiical hoisting engi¬ 

neer . 21 

(i) Examination papers preserved. 22 

3. (a) Certificates issued by the Board. 22 

(b) Record to be preserved. 22 


































124 


INDEX—Continued. 

General Mining Law—C ontinued. 

Section 3—Continued. -Page. 

(c) Effect of certificates. 22 

(d) Unlawful to employ other than certificated 

mine managers. 23 

(e) Unlawful to employ other than certificated 

mine examiners. 23 

(f) Unlawful to employ other than certificated 

hoisting engineer. 23 

(g) Temporary employment of uncertificated 

persons not extended. 24 

fh) Removal of* inspectors. 24 

(i) Cancellation of certificates. 24 

4. Inspection districts. 25 

5. (a) Inspectors appointed. 25 

(h) County inspectors. 25 

(c) Bond . 27 

(d) Instruments . 28 

(e) Examination of mines. 28 

(f) Scope of examination. 28 

(g) Authority to enter... . . 29 

(h) Procedure in case of objection. 29 

(i) Notices to be posted. 30 

(j) Sealer of weights. 30 

(k) Test weights. 30 

(l) Inspector’s annual reports. 31 

(m) Reports to be published.. ... 31 

(n) Reports by operator. 31 

6. Pay of inspectors. 32 

7. (a) Maps required. 32 

(b) Surface survey. 32 

(c) Underground survey. 32 

(d) Maps for every seam. 33 

(e) Separate map for the surface. 33 

(f) The dip. 33 

(g) Copies for inspectors and recorders. 33 

(h) Annual surveys. 34 

(i) Abandoned mines. 34 

(j) Special survey. 35 

(k) Penalties for failure. 35 

8. Sinking subject to inspection. 36 

9. (a) Two places of egress. 37 

(b) Distance from main shaft. 37 

(c) Unlawful to employ more than ten men. .. 37 

(d) Stairways or cages. 38 

(e) Passageways to escapement. 39 

(f) Communication with adjacent mines. 39 









































INDEX—Continued. 


General Mining Law —Continued. 


Section. 


Pag-e. 


10 . 


11 . 


12 . 


13. 

14. 

15. 


16. 

17. 

18. 


19 . 


(a) Gates at landings. 40 

(b) Lights on landings. 40 

(c) Hoisting’ equipment. 40 

(d) Brake on drum—flanges—rope fastenings 

—indicator . 4] 

(e) Signals . 41 

(f) Gauges . 41 

(g) Headerlines . 43 

(h) Safety valves. 43 

(i) Inspector of boilers. 43 

(j) Run-around at bottom. 43 

(k) Refuge place on shaft bottom. 43 

(l) Obstructions in shaft. 44 

(m) Inspection . 44 

(a) Buildings on the surface. 44 

(b) Oil and other explosives. 45 

(c) Engine and boiler house. 45 

(a) Top man and bottom man. 45 

(b) Speed of cages and other regulations. 46 

(c) Rights of men to come out. 46 

Safety Lamps. 46 

Ventilation .47 

(a) Refuge places, power haulage roads. 51 

(b) Refuge places—mule roads. 52 

(c) Room necks as refuge places. 52 

(d) Keeping refuge places clear. 52 

(e) Gob on haulage roads. 52 

Cars . 52 


Repealed . 

(a) Oil standards. 

(b) Brands of oil. 

(c) Penalty . 

(d) Sampling and testing. 

(a) Amount of powder in mine. 

(b) Place and manner of keeping in the mine. 

(c) Manner of handling. 

(d) Quantity of powder in one charge. 

(e) Standard charger. 

(f) Dead holes. 

(g) Mixed shots. 

(h) Copper tools.,. 

U) Tamping . 

(j) Use of squibs. 

(k) Warning before firing. 


53 

53 

53 

53 

53 

54 

54 

55 
55 
55 

55 

56 
56 
56 
56 
56 












































i26 


INDEX—Continued. 

General Mining Law—C oncluded. 

Section 19—Continued. ^ Page. 

(l) Not more than one shot at a time. 56 

(m) Missed shots. 57 

(n) Withdrawing missed shots. 57 

(o) Length of fuse. 57 

20. Duty of mine managers. 57 

21. Duty of mine examiners. 60 

22. Duty of hoisting engineer. 62 

23. Special rules. 63 

24. (a) Ten foot limit. 65 

(b) Approaching abandoned workings. 66 

25. (a) Duty of inspector. 66 

(b) Coroner’s inquest. 67 

(c) Investigation by inspection. 67 

26. Strechers and blankets. 67 

27. (a) Scales . 68 

(b) Weighman . 68 

(c) Check weighman. 68 

28. Boys and women. 69 

29. Penalties . 69 

30. Definition of terms. 71 

31. Repeal . 72 

Right of Eminent Domain— 

1. Road or railroad. 73 

2. Trespass, surveyor. 74 

3. Surveyor, powers, penalty. 74 

4. Examination, expenses. 74 

5. Trespass, penalty . 75 

6. Mining rights, conveyance.75 

7. Mining rights, taxation. 75 

8. Lead mineral, record. 75 

9. Lead mineral, record, inspection. 75 

10. Lead mineral, purchaser, statement. 76 

11. Lead mineral. Purchase. 76 

12. Lead mineral, purchase, penalty. 76 

WageSj Lien on Property— 

1. Laborers or miners wages, lien on all property. . 76 



































127 


IN D EX—Continued. 

Miners Paid for All Coal Mined— 

Section. Pag-e. 

1. Wages, payment . 77 

2 . Investigation and prosecution. 77 

3. Violation, penalty. 78 

Shot Firers in Coal Mines—' 

1. Shot flrers furnished. 78 

2. Shot flrers must be citizens. 78 

3. Shot flrers, notice, record. 79 

4. Blasting .;. 79 

5. Drill holes, alteration. 79 

6 . Unlawful shots. 80 

7. Unlawful shot, ordering. 80 

8 . Violation, penalty. 80 

Fire Fighting Equipment— 

1. Requirements . 81 

2. Water supply, hose and pipe connections, auto¬ 

matic sprinkler, water barrels, chemical Are 
extinguishers . 81 

3. Drainage, water pressure. 85 

4. Underground stables, hay, bedding and feed; 

light . 85 

5. Telephone lines, notice of danger, rules and 

instructions, fire drill. 86 

6 . Fireproof construction. 87 

7. Violation, complaints, penalties. 88 

Rescue Stations— 

1. Rescue stations, number. 90 

2. Commission, appointment, compensation. 91 

3. Station sites, cooperation. 92 

4. Plans, State architect. 92 

5. Superintendents and assistants, number, Ap¬ 

pointment, instructions. 92 

6 . Salaries . 92 

7. Commission, duty. 93 

8 . Superintendents, duty. 93 

9. Biennial report. 93 

10, Appropriation ... . 9^ 






























128 


INDEX—Continued. 

Miners' Examining Board— 

Section, . ' Page. 

1. Certificates of competency, duplicates. 94 

2. (Repealed, See Civil Administrative Code) .... 

3 and 4. (Repealed as above). 

5. Organization, secretary, duties. 95 

6. Examinations, time and place, notice. 96 

7. Fees . 96 

8. Examinations, certificates, record. 96 

9. Annual report. 97 

10. Violations, penalties. 97 

11. Complaints and prosecution. 98 

12. Oath, perjury. 98 

13. Removal of Commissioners... 99 

14. Invalidity . 99 

15. Repeal . 99 

Oil and Gas Wells— 

1. Wells, distance. 99 

2. Statement, map, record.100 

3. Abandoned well, plugging.100 

4. Affidavit of plugging....^.101 

5. Fresh water, casing of.101 

6. Violations, penalties..101 

7. Emergency .102 

Coal and Other Mineral Leases to be Release of... 
Record When Forfeited— 

1. Release, recording.102 

2. Mandamus, attorney’s fees.;.103 

Oil or Gas Leases to be Released of Record When. .. 
Forfeited— 

1., Release, recording. . .' . ; .103 

2. Mandmaus, attorney’s fees.104 

Regulating the Character of Permissible Explo¬ 
sives— 

1. Permissible explosives, specifications.104 

2. Samples .105 

3. Place of testing.105 

4. Testing samples.• • • • ....106 






























129 


INDEX—Continued. 

Regulating the Character of Permissible Explo¬ 
sives —Concluded. 

Section. Page. 

5. Violations, prosecutions.106 

6. Storing explosives.106 

7. Magazines, construction.106 

8. Misstamping, etc.106 

9. Penalties . 107 

Regulating the Use of Black Powder— 

1. Black powder, specifications.107 

2. Stamping .109 

3. Unlawful sale, penalty.109 

4. Samples and tests.109 

Wash Rooms for Employees— 

1. Wash rooms, establishment.110 

2. Requirements .Ill 

3. Inspection .Ill 

4. Violation, penalty.Ill 

5 Second offense, etc., penalty.112 

Regulating the Use of Electricity— 

1. Fireproof rooms required.112 

2. Protection of wires.112 

3. Trolley wires, voltage, protection, etc.112 

Capital Stock Ownership— 

1. Capital stock, authority to own.113 

Mining Engineering— 

1. Department of Mining Engineering.113 

2. Courses of instruction.114 

3. Dissemination of scientific facts.114 

4. Appropriation .114 

5. Warrants .114 

Trespass and Intimidation— 

160. Intimidation, penalty.115 

268. Trespass, penalty.115 

Information—■ 

1. Information, duty of inspectors.115 

2. Expenses, payment. 116 





























130 


INDEX—Concluded. 

Mining Investigation— 

Section. Page. 

1. Commission, appointment, powers and duties..116 

2. Witnesses, supoenas, contempt, seal.117 

3 Organization, meeting, quorum, record.118 

4. Report, recommendations, termination of com¬ 

mission . ' .118 

5. Expenses and compensation, stenographer... .119 

6. Appropriation, warrants, printing.119 

Rules anp Regulations Governing Examinations. . .120 













^1 










